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Qawa’id Fiqhiyya #02
Channel: Ibrahim Hindy
Series: Ibrahim Hindy - Qawa'id Fiqhiyya
File Size: 55.53MB
Episode Transcript ©
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to serve them or others who rely on him. He also can be a woman while
shopping somebody recently Emily will determine this and you've probably
heard. So from the law last week, we started with the introduction for this class.
And we spoke about in general, while Katya
maybe we should do a very quick summary in sha Allah for those who didn't attend the first class. Go quickly through these. So we talked about the definition of covered for clear, we said it is the comprehensive issue in relation to the science of FIP. And we gave the example that and talking about the relationship of cooperate with and also we said also will are the basic principles were coming to deal with the Quran and Sunnah and we want to take we want to extract laws. We wonder what is halal, what is haram? What is legit. So we established principles on how we are going to extract law from the Quran and Sunnah. And then fifth is the actual act of extracting the law. So we use the
soul to now establish rulings this act is halal, this act is haram and so on and so forth. And provide for clear, we said, essentially, is looking to all the different 50 rulings that exist and creating basically a maxim, a principle at the end, a preset that says that this one rule will solve all these other all these issues put together. So we gave the example the person goes into the class. And they hear that if you're making pull off, and you lose track of how much pull off you've made, that I go around four times or five times, they will tell you take the less if you are praying and you don't know did I do three o'clock hours or four hours, they will tell you take the number
that is less. If we mentioned water comes on your phone, you don't know is this water nudges are pure, we say we know in its basis, when water first came to the earth, it was pure. We don't know what happened before it came onto your film, right? Because you're not sure. So we go with a ruling that is pure. So as you go through all these different rulings, in the end, you look at it and you say Linvilla instead of a shack, right? Certainty is not undermined by that, which is helpful.
And we said that the color for PA can be two types, there are those that come directly from the Shediac.
Like the one we're going to talk about today, like a brothel use, and there's a hadith is directly coming from the Sharia. And then there is the ones that are is the Quran that are that we extrapolate this, we look at all the different rules of fifths, and we extrapolate a rule.
And we mentioned the color and so here are three types. There are the ones that are the major Maxim's which are the ones we're going to study in Sharla in this class, and these applied to all the chapters of film. So all the different chapters of this rule has some application to it. And then there are those who are also aligned, but they are not Cobra, they're not major Howard. And these apply to some chapters. And they're not to all of them. And then there is in the in the law of it or the law of it, which is a rule and applies to only one chapter of film.
And even though we say these collide are comprehensive, they apply to everything.
In reality, there is no part of them that is truthfully qualia that is truthfully comprehensive, meaning that every part either there are definite, definite ads, right there are exceptions for each rule, right. So whenever we talk about rule, and in fact, this is how you study a world, you study the rule, you study how it applies, but then you study the exceptions to the rule right now, you will actually understand the rule. But because they largely apply, or the overwhelmingly apply, we say that it is comprehensive, it is clear
when we talk about some of the benefits of learning this of it is it you know eases our ability to memorize variant 50 issues and allows us to have one statement that summarizes a lot of 50 rulings and allows us to understand as well the logic of the filtering rulings that are made.
talked about the different examples.
So today inshallah we'll start with
the first typically there is no order for the collide. Meaning you pick up a book, you might find one listed 234 Or five, whatever they are there, they can be in completely different orders. But every book will start with this one first. Why will it start with this one first?
Who can think
If you take for example
must be backed up by not
exactly so every book of Hadith you know now we thought he was gonna want to start with the Hadith in the meta meta vignettes because the first thing we do is intentions right. So, likewise since this guy either has to do with our intentions, this is what we always begin with. So, any book of collage will begin with this one as the first one and will more be more kasidy What does this mean? More is the plural of M.
And American mean you know of course coming to command, but here it means a tion it means the matter the affair, right. So we are seeing more of the matters the affairs Vemma Placidia by its intention, right the Makkasan here means the intention and its actual meaning is here. Backgammon acquired will have Alma Nia to an Ivan Nihad the rulings of statements and actions that are based upon are built upon intentions, right? So this is the ruling, this is the meaning of Warby Mufasa Do we have more the affairs ie here it means a club. What a fan right the statements and the actions these are the and the nakasu the heart or the knee or the intentions that are built upon intentions.
And so, a ruling a vocal who said I can write the ruling of statements and actions. We talked about two categories of rulings.
What are they who remembers? How come? Two types of Helcom? Yes.
So there's how come check LiFi and her Komodo Welcome to TV, this is halal, this is haram This is wajib
and still Mobio constantly comes into play
and then you have broken water, this is valid, this is invalid This is a condition right? This is something that prevents men out and still in this alone will be more custody hand comes into play. And even beyond this taboo, whether Allah will accept our deed or not accept our deed alone will be more costly they have comes into play. So an example two people are praying to rock out you come into the masjid, there are two people in the masjid and they are praying each of them to lockouts. And they are facing the same Qibla and they both made wudu and they're both even reciting let's say the same Surah
but one of them has the intention that he is praying salts infection and the other one has the intention that he's praying Virata whether sunnah, fedrick
are they doing the same action?
No, why? Because the intention is different, right? So the ruling is based on the intention, another example
somebody gives a poor person $1,000 And he gives it to him and he intends to cat and someone else gives a poor person $1,000 And he intends subaqua Just a voluntary charity.
And a third person gives the poor person $1,000 And he intends to broaden him.
The ruling of all of them is different. One of them fulfilled a wajib one of them fulfilled a monster
and one of them did haram even though they all did the same deed they all did the same action. And likewise you can go with the idea of COBOL or lack of COBOL so for example, somebody gives no C to someone for the sake of Allah subhanaw taala he gives him no C and someone else gives no CFO but for the sake of people saying this is a good person, masha Allah has not seen her so beautiful speeches are so good. So both of them are doing the same action one of them his deed is accepted by Allah and the other one The deed is not accepted by Allah subhanaw taala because it's built upon the NIA. And so this far either this maxim is the greatest of all the collide.
And it's evidence of course there are many evidences in the Quran and Sunnah about this right. But the obvious one, the clear one is in the Malama, Lavinia hadith of our Prophet sallallahu alayhi wa sallam. Indeed, actions are by their intentions. And Mr. Misaki, he says that, you know, he's criticizing that people use the term and onward middle class at the highest and we should just use the Hadith because the hadith is the words of the Prophet sallallahu alayhi wa sallam, and no doubt he's correct, but for whatever reason, Allah annum the books became very popular using and would be more costly, rather than using the Hadith itself.
This guy that has to do with NIA has to do with intentions.
So we have to speak about all the issues in matters related to intentions.
And the first point when we talked about the benefits of this
it been Raja Rahim Allah I didn't even Roger wrote a book called The monsoon, which is the most important book of color and the humbly method. It's the main one.
So he says, when we say the word Nia, all of us say the word Nia from here and there, when we say this word, it means something different when the scholars have fixates versus when the scholars have tisski sex, right, so it's the same word, but in a book of FIP, if they say Nia, it means something. And in a book of Ischia, purifying the hearts, it means something different. So, in the books are filled with the fuqaha,
they will say the word ni means, first of all, to me is that an ad that differentiating the acts of worship from the acts of customs, so an example, somebody was outside,
maybe not in Canada, somebody was outside in a different country. And they're really hot, and, you know, sweating. So they come inside the house, and they put cold water on their face, on their hands on their arms all over their body.
And somebody else does the same thing. But he does it with the knee of little.
So have both of them done, what do we say no one of them was doing a either a customary action is cooling off, and the other one's doing an activity bad that he's worshiping Allah he's making, right? Even though they both really did the same thing. So when the scholars a fifth are using the word Nia, this is one of the uses of it, we are differentiating the data from the data, we're differentiating the act of worship, from the act of customs,
also to music, that's barbed wire and got to differentiate the acts of worship from one another. And we already gave this example the example of two men who are praying to rock as in the masjid, one of them has the knee of Federer, and the other one has the knee of erotica, right? So now, so they're doing the same action, but it's differentiating the wedge in the fourth slot out from the Sooners, right?
And we can actually add to this, I ran out of space on PowerPoint. But we could potentially add to this an example, differentiating and maybe you want to write it in your notes, I don't think I'll test you on it. But just if you wanted to write it, differentiating the more I'm an X transactions. So now even not even to do with every guy that are these two categories have to do the Rebadow. Right. differentiating them or Amen adds the transactions, the dealings of people.
And we kind of spoke about this, right?
So the three men who gave the poor person $1,000, right. One of them gave haram, one of them gave $1,000. And it was haram because it was meant as a bribe. But other examples, for example, somebody
somebody says, I'll give you $1,000 Today, and in three months, give it back to me 1100 What is this?
Whatever is haram? Okay, what if
you said, Can Can I give you $1,000 loan, so I gave him $1,000 loan, and you took the $1,000. And after three months without any condition, there is no condition placed. You decide to give me 1100.
That's a different rule. And that's not about soccer. There's no shorts, there's no condition, right? So it differentiates the two more minutes, right? Because the first one has the intention of Libba, I'm giving you the money so that you give me extra money. And the other one is I'm giving you the money. All I want is the same money coming back. That's my Nia, you decided you wanted to gift me an extra 100 Right. So it's differentiating, even the more hominids from one another.
The scholars of Ischia when they speak about the NEA,
they mean something different. When they speak about the NEA and they talk about renewing your knee. They talk about purifying your Nia, they say oh students of knowledge, you know, before you take this knowledge, make sure that your knee is pure for the sake of Allah subhanaw taala. They don't intend by this kind of speech, the differentiation of very bandha from other of worship from customs or differentiating acts of worship from one another. What they mean is, what is L Maqsood, what is the thing you are intending by your action? Are you intending Allah subhanaw taala Are you intending other than
Allah subhanaw taala is the reason you're gaining knowledge to get closer to Allah azza wa jal or is the reason you're gaining knowledge so that you can show off to the people and get their appreciation and things like this. So they are making the differentiation between what are you intent? Who are you intending and your act of worship? Are you intending Allah subhanaw taala? Purely insincerely.
And this doesn't mean of course, the scholars of FIP don't care about Ischia. It doesn't mean the scholars of Ischia don't care about FIP, it just means in these different contexts, they're using the word a little bit differently.
Now, the evidences of Nia sorry, the ruling of Nia
there are things that the scholars say there has to be an ear for it, this is a condition this is a shot of the action, there must be any here. And there are other actions where the scholars say there does not have to be a nearby condition. So there's two different two different examples. So the first example where there by there is a condition that there must be an EMF, which is what typically we are used to is the axillary data, the acts of worship, not only the acts of worship, but the acts of worship. So your prayer requires an ear hears the cow requires anemia, you're fasting requires anemia. If somebody for example, today sees a poor person, and he gives them $500.
And he thinks, you know, I'll give you this charity, the sadaqa $500. Then he goes home, and he's doing his math, and he looks at his finances, and he says, You know, I owe $2,000 and Zika.
And I already gave that poor person $500. So I'm going to treat that $500 As part of my account. Now, I only owe 1500. Can he do this? Why not?
He didn't have the intention when he gave him right. So you can't retro actively do this. Like why somebody can't stand up to pray.
You know, Sunnah prayer. He says, Allahu Akbar. He enters the Sunnah. And he says, You know, I think I forgot to pray. Also yesterday, now I'm going to make this philosopher awesome. You can do that. You have to make the product the intention of product before you actually pray.
I'll get to
So the batter needs any
it's not only a badass that require any year. There's more than that. So for example,
the alkalinity I mean, the oath the person takes, let's say, somebody here says, well, law, he I will attend the choleric class next week. I'm sure you guys are gonna attend that. But somebody says, well, Allah He I will come here. And then for whatever reason, he does not come here next week. Does he have to pay the cup Farah? Does he have to pay the expiation for having made an oath?
We say if he said Wallah, he but he just said it without the intention, then he doesn't have to pay the Kafala. Sometimes people say it without even thinking. But if he said it's intending a vow attending an oath, I intend to be here.
I make it I'm making an oath and then he doesn't come then he has to pay the Kafala. So the intention here matters
because this is sorry.
And Father, can I add, so the implicit words, right the words that somebody says that are implicit,
the intention matters.
No, sorry, one other point, and are called the malleus, some financial contracts. So I give you $1,000 As a loan, or whether I give you $1,000 As a trust, right? So alone is you're going to take that money, you're going to spend it, then you're going to give it back to me. But if it's, you know, a trust, and then that I'm giving it to you for you to just hold on to it for me, and I'm going to come back and take it. So the intention matters. Even though both cases I'm giving you $1,000, the intention of what we mean by that $1,000 are different. Now, the second point is that some words can be implicit.
Some words are clear, and some words can be implicit, like what
somebody tells his wife, you are divorced. This is clear or implicit. Clear? It's very clear.
And so if a person says this, do we need the NEA? Do we need him to make an
know, if a person tells his wife, you are divorced, and then he comes after and he says, No, I was joking.
Or he comes after and he says, I just wanted to scare her. I didn't mean to divorce her.
Is that Is that okay? Can you say because my intention was different that the divorce doesn't work. In all four met hubs, they will say the divorce is taking place, even if he says he was joking, even if he said he was just making use of trying to make her afraid or something like that. Why? Because the statement is Saudi, it's very clear, you are divorced. This is different from implicit words. For example, if a husband tells his wife, what is between me and you is over,
or if he tells her go back to your family,
this is not study because it has different possibilities. Maybe he means to divorce her. Maybe he's just telling her go back to your family. Right? So the scholars will see in this case, we asked him, What is your intention? And if he says My intention was to divorce her, then he's divorced, or if he says My intention was not to divorce her, then he has not divorced. So these are the implicit words.
Oh, okay. So now the issue is where
the knee is not a condition where do we not need an ear?
So, yeah, so we'll get to that. But before that,
a total here. abandonments. What is this then doing?
So the scholars use this word, a talk to talk about the things that Sharia has told us to get away from, even if it's not necessarily haram.
Okay, usually includes haram, but it can include things that are not necessarily themselves haram, but the Sharia is telling us to remove it, right? This is a total.
So let me give you an example.
Let's say there is an adjustment on the floor.
On the floor, there is nudges.
And then I don't know a pipe bursts, and the water comes clear clean water and it removes the Jessa has been adjusted been removed. Or did we need intention to remove it
has been removed. Right.
Another example, the scholars mentioned here. We are prohibited from alcohol from drugs and things like that.
Allah has commanded you to abandon alcohol and drugs.
Does that mean that somebody has to come to you and offer you the drugs and alcohol and for you to say no, in order for you to have fulfilled the abandonment of drugs and alcohol? No, you don't have to have it offered to you. Right? Even if you never thought about it in your life, not one day in your life. Did you think about drinking alcohol never even passed your mind? So you never had any yet to abandon it? But have you abandoned it? Yes, you have. Right. So these are issues you don't need the the NIA for it.
And then we also mentioned the things that are clear. So like the divorce the explicit statement in divorce.
Not just divorce column. The first statement is in Hola. In freeing a slave. If somebody owns a slave, and he tells the slave you are free, can you say oh no, I was joking. He can't once he says you are free that sorry. It's clear is free. Doesn't matter. Can't take it back work as well. Somebody says this house is a work.
And then he says Well, I meant people can use it, but it's still mine. No, no, no, no. Once you say this is a work finished Sadia it sorry. You can't go back. So certain chapters of Philip, when you're studying FIP they will mention in each in certain chapters. This is Saudi. It doesn't matter if somebody doesn't have the intention. Once you say this, the ruling comes into effect. Right. So this is a category
of the NIA or sorry, the occurrence of the NIA at the time of the near the occurrence of it is at the beginning of the act of worship or right before it.
you make the NIA before you pray just before you pray,
you can't pray and then decide, okay, I'm going to make that prayer. So now we're going to make it a photo. Likewise, we mentioned giving money and then saying afterwards, that's going to be the cap. You can't do that the knee is required right at the beginning of it. But there aren't exceptions to this. So for example
some people might make the NIA too fast
they might make the near before federal too fast.
And someone else might wake up, pray for edge. I think this is what you're asking. He prays first. And then he says I'm going too fast.
In the no offense, not in the photo, in the no acid. So not for Ramadan. Right? That's different. But in an aphylla in a voluntary fast, somebody might pray for edge, and then decide, I'm going too fast today. And this is permissible, this is an exception to the rule. This is an exception to the rule. For us handlers. I think other methods may not allow this. I think the Hanafi mother, maybe it does not allow us. But in our method, this is permissible because this is an exception, fasting, and aphylla.
Even though the NIA occurs after the after the beginning of the batter,
another example because we said Oh, wouldn't it be bad that Oh, Kubla habeas here, the beginning of the act of worship, or just before it? So what if somebody
you know, maybe they were traveling or something like that, they come back to their city. And then they say, Okay, tomorrow, I'm going to fast Ramadan. He goes to sleep. And he sleeps all the way till Phaedra wakes up after the event.
Has he made his intention or not? Yes, but it didn't happen right before it happened hours before. But in our method, we will say, he has to go to sleep with the intention. And maybe it's been nearer he goes to sleep with the intention, he goes to sleep with the intention, then he has the intention. Okay, even though it happened hours and hours before the actual activity.
technically for every day, but
if you have it in your mind, I'm going to fast tomorrow. And you go to sleep, when you have the intention. Right. So.
Yes, which which one is the exception?
So the intention of fasting, after fetching, assuming the person who has not eaten or drunk after fidget, he makes the intention for an after that for a voluntary worse soul. This is the exception to this rule, because we're saying the intention has to be done before the act, or right at the time of it is a this is one of the exceptions of this rule.
Yeah, he would have the intention of a sudden prayer. The second one, not the first one
Okay. What invalidates the NEA? The invalidation of the NEA.
So again, we're talking about FIP. We're not talking about to Skia. If we're talking about to Skia, we would say, you know, showing off, can break your Nia, you know, self grant original self aggrandizement, this invalidates and we're not talking about the ski or we're talking about film, right? So the three things that break the intention, or invalidate the intention is breaking the intention, hesitating in the intention, and being determined to break it, you're determined, I will break it. Okay. So an example.
Let's say people are preying on us.
And they make the tech Mirotic. They begin the prayer. And during the prayer, they hear a loud noise, something really loud happens, and it scares them.
And one of them immediately says, I'm breaking the prayer.
So he says, I'm breaking this prayer. But I'm shy. I don't want to go running. So I'm gonna wait as soon as everybody does require, I'm going to run away. Okay, this is one person.
Did he break his intention? Yes. Because he said, I'm breaking it. When did he break his intention?
When he runs away, I recall. When he thought of it when he thought I'm bringing this in. I'm breaking this prayer. Okay. Now somebody else in the slot, I heard the same noise, and he's afraid. But he starts saying do I break it? Should I break it? Should I not break it? And 5050 He's going back and forth. Should I break this or not break it. So this person has also broken their prayer.
And maybe he waits until you know late
You're on and then he runs away. But once he has that hesitation in his intention, he's broken his prayer.
And the third person hears the sound. And he says, I'm still in the prayer. I'm not leaving the prayer. But when we make sujood, I will break my prayer. Right now I'm in my prayer. But once we break sujood, I will break it.
Has that person broken there? Okay, when did he break it?
When he thought it, not when he did.
So all three of these have broken their prayer. And this is true for Siyam as well fasting.
Now, I want to make a point here, because every time there is a lecture on me,
there are messages and phone calls. The week after I did this, I was praying, and then I was thinking, you know, should I leave my prayer or not? And then things like that. When they say hesitation, they're saying, not just I thought about it. Because everybody might think about thought might pass your mind. They mean, there's a certain strength there. It's a strong debate in your mind, am I gonna break it? Am I not gonna break it? There's a strong conversation happening in your brain, not just a passing thought to know, but a strong conversation, should they break my prayer or not?
So if that happens, then they consider the prayer has been broken. Same thing in cm, the person having a strong conversation, should I break it? Should I not break it? Cos you've broken at that point. Right? It's just a passing thought. It's not an issue. But if it's, you know, a large Yes.
If you're having strong thoughts, then you've broken it.
But if it's just like a passing thoughts, like you feel a little sick, should I break it or not? You know, for a second and then you let it go. Not a big deal. But if it's like something you're really thinking about hard, then you tell yourself hola se broken? Because I'm having this like hard thought about it.
Now, there's an exception to this. There is an exception, where whether you break it or whether you hesitate or whether you determined to break it, you didn't break it. What is this quiz?
So there's a type of very bad if you have the intention for it, whether you say I'm breaking it, whether you are hesitant in it, whether you say I'm out of it, I'm done with it, I gave it away. And still, it doesn't go anywhere. That's the progress that had your camera. When the person enters, they're wrong. They're in the restaurant till the end it's
so for example, somebody goes for Umrah for Hajj. They go to the Makati. They put on their haram, they make their intention. And then an hour later, his father calls him his mother calls him says come home, there's something important you have to come home. And he says, Okay, I'm gonna take off my prom, I'm done. Now you're not done. You're in your home, you're in your prom, and so you finish your Manasa even if he stays there till he dies, 50 years. And this happens, lights and we'll see them. Sometimes people do this and they go and they get married and have kids and they didn't finish their homework. They think they're out of it because they said I'm out of it, but they're not out of
it. And if you know if you study fifth, what is the condition of a marriage that is major and
it's invalid it's not a valid marriage Islamically so some people do we'll see because we don't have knowledge you can destroy yourself Wallahi so, all four methods hold this by the way, all format hubs once the need for hydrometer is established, it cannot be broken.
So this is the exception to this. The other event that you break your intention. You broke the intention but how genre remain
what does it mean?
No, I have to look at the context of what what this is about. Iran Nia is
So we're gonna talk about this in a minute what we're like Where's the place of the NEA? We say it's in the heart, establishing the heart. So
once it's in the heart, the person's in their heart, they say, I'm gonna pray, call us they have the need of prayer.
Once you have that understanding, you know that I'm going to do this action. You're doing the app, but like that's it the intention has been made, right?
The place of the knee is in the heart. Why is this important?
Because let's say for example,
you say something that contradicts what your heart meant. So for example, somebody is going for Umrah and he's going to do Umrah on behalf of Zaid.
So he says the baker, Allahumma, Amara, and Zaid,
sorry, the big Hola Hola, the big hola hola. I'm Ron, but he means eight. But he says
he says a different name. But in his heart, he means Zed. So because the place of the intention is the heart, we say if in your heart, you meant Zed, then you're doing in Sharla, the Umbra for Z even though he didn't necessarily say the right words.
Okay, I side point here
the focal hub make a difference between two things. One thing is called a tele fourth,
which is to say the words of the NEA
And to Jehovah. Jehovah is the person says, you know, sometimes you hear this The person will say no, each one of us only Salah to the hood and they say it out loud and everybody can hear them right? So the second one to say it out loud. They say this is not permissible.
The first one a telephone to say under your breath, nobody else can hear it just for yourself. You say I'm going to pray this prayer.
Some many of the humbly scholars in fact that is the position of the metal have to say that this is mostly
some scholars disagree
amongst them, even to me and others, they disagreed they said, even the telephone you shouldn't say it. But there are many scholars who consider it was the hub.
So this is an area of difference of opinion. And the reason I say this is because some people have OCD. Some people Shavon whispers to them a lot. So for this person, it's beneficial for them to make tough to tell them okay, just even if you say it out loud, I'm going to pray right now to yourself. Inshallah, there's no problem. The Scholars say in the humbly method, whatever Whatever the method is supposed to happen. It barragem says Mr. habis well
and so that's something important for them to know. The second type to say it out loud. This in the method we say it's better and it's not permissible
some of the Scheffer I think will say it out loud.
to say it out loud that everyone can hear telephone as you say it just for yourself like nobody else can hear about yourself
so there's there's nothing of the prophets of Allah who I listen I'm saying it they make some types of class amongst the is based on the the NIA we make for Hajj and Umrah that we say it out loud. And then of course they look at you know, people who have like a lot of less WESA and it can be an issue for them
people who sometimes you know go into the prayer and then during the prayer they're not sure what they made you know the NIA for so for that reason they'll say that it was too late probably have other evidences I don't know what
got the beat as well
exactly because now it's permissible to exit you're here
now we go into the by the way I think this is going to be the longest class of the other classes probably inshallah
this the sub Maxim's I'm calling them I think it's a word these are alkali them when daddy just so the the Maxim's that are underneath and linked to the major party though, and more democracy. So all mentioned four of them here.
So the first one eyebrow filler awkward when Wakasa donor Arnie
alfalfa will Nevada. So, this is a card reader that we say that in contracts, consideration is given to the purposes and to the meanings.
And sometimes they add to it or they say otherwise, level five will will Madani not for the freezing
of the word, the words in the phrases.
So, some scholars will say, a different part that here they will say some are, usually the contract is based on meaning, but sometimes it is braid based on phrasing.
And this is true, because there are exceptions to this rule. But this is the most common clarity that is used here.
So, what is this about?
I'll give you an example. Somebody says, I will gift you, my phone.
I'm gonna give it to you as a gift for $1,000.
What is this?
Is it a gift or a sale?
So, if you were to say, I give consideration to the words and the meanings, then you say it's a gift. Because I said it's a gift. And if you say I give consideration to the purposes, sorry, if you say I give consideration to the words and the phrases,
then it was a gift. But if you say I give consideration to the purpose and the meaning, then it's a sale. Right? Because I said give me consideration give me compensation, right? So you say it's a sale. And this matters. Because if we say that it's a sale,
then let's say you took the phone, and then you look through the phone, you say there's a defect in the phone, the phone is flawed. In fact, we say he has the URL, he has the defect option. If you purchase something, and it has a flaw, you can come back and you can say this has a flaw. Take it back and give me back my money. Or give me compensation for the flaw. Right? So in fact, this is a rule. So if you're the purchaser you have this right? If you took it for $1,000, you went to the mall, and you're like the same phone, they're selling it for $100 Ibrahim rips me off. Okay, you have
right, the the option of fraud fraudulent option, where you can come back and say you sold this to me way more expensive than what it's being sold elsewhere in the marketplace. So you can also get your money back, right? If we said this is a gift, you don't have any of these rights. Because we would say it's a gift and a gift. None of these rights apply. But if we said it's a sale, then all of these rights apply and even more rights than he can even think of right now. Right? So it matters which one we're gonna give consideration to.
But another example, you go to the mall
and you want to buy an iPad,
and it's $1,000 and you say I don't have $1,000 right now. And you tell the guy give me the iPad, I need it for my third class. And he tells you I don't know you are gonna give you the iPad and you say
okay, fine, give me the iPad and I will give you my phone as a trust as an Amana.
Now, what is an Amana mean?
He holds it for you.
And he gives it back to you when you whenever you ask for it. Right? That's an Amana? Are you really giving him an Amana? Or what are you really giving him?
Collateral this is wrong, right? It's, it's a collateral, you're saying hold on to my phone until I come back with either the money or the iPad.
So here we give again, consideration is not to the phrase consideration as to the purpose and to the meaning.
Now, there are some issues of acceptance of sorry, exception.
certain issues of financial resolution, whether somebody's will say we'll give consideration to the words and phrases and not to the actual purposes or meaning. But this has got a much deeper class. Let's go through some of these issues, but in general, we say overwhelmingly in the madhhab we give consideration to the purposes and the meanings not necessarily to the words into the phrases.
Like the next point is a Nia to Hassan, which was a minimal costs, right. The intention specifies the general and it generalizes the specific
I'll give you an example.
Somebody is at work and he gets into a fight with his co workers, okay? And he says Wallah, he, I will not speak to anybody will law he I will not speak to anyone.
And another man also gets in a fight with a co workers. And he says, Well Allah He I will not speak to his aid.
So, now one of them made a general oath, I will not speak to anyone, and the other one said I will not speak to his aides specific
one owes his general one oh specific.
Now, if he says, what I said I meant, I didn't want to speak to anyone. And the other one says what I said I meant I only didn't want to not go on to speak to eight. There was a there's no problem. Right? They, what they what they made the oath for is correct.
But let's say the first person says well, Allah He I won't speak to anyone.
But then he says what I really meant was, I will not speak to say the NAMA
only. I said, I will speak to anyone but I meant I won't speak to say than to hunger.
So now, has this one has he broken his oath? Does he have to pay the Kafala if he speaks to politicians, they thought it and all data or something?
Exactly. So Nieto has this alarm? So he said something arm but the knee it makes it specific. Right? So because his Nia was I don't want to speak to Ahmed and AIDS. Then if he speaks to Omron Zaid, he has to pay the Confira. But if you speak to Thorak, it's okay. Right.
Now, the person said, well, law he I won't speak to anyone.
Did he tell us which day he's not going to speak to them?
If we took him by the wording,
that means he's not allowed to speak to anyone until then he dies. Right? But you asked him and he says My intention was I'm not going to speak to anyone today.
So does he break the kuthodaw? If he speaks to anyone tomorrow? Does he break the afternoon if you know, right, because his intention was I'm not going to speak to anyone today. So the oath specifies the general
someone invites you to dinner. And you don't want to or someone that someone's having a party at their house. And they're inviting everybody. And you don't like this person. And they tell you Come Come eat dinner and you say well, Allah He I will not eat dinner today.
Then you go home, you eat dinner at your house. Did you break your oath or no?
Did he break his oath? No, exactly. You have to ask what is the knee and you have to ask him what is the new year? So if he says I meant I'm not going to eat any dinner today. Then when he ate dinner, he broke his his awkward. Yeah, I mean he has to pay the Kafala. But if he says no, I meant I'm not going to eat dinner with them or I'm not going to eat dinner at their house. Then he didn't break his.
He didn't break the briefly off
by another example.
And then says to his wife,
if I see you enter, or if I see you leave the house. Then you are fantastic. You are divorced.
His wife leaves the house and comes back he didn't see her.
Did he divorced his wife or not?
If you say no, you're wrong. And if you say yes you're wrong
Like he tells his wife if I see you leave the house you're divorced. When she leaves the house without him seeing
if she divorced or not.
If you say no you're wrong but if you say yes or wrong.
It depends on the near the chef knows you have to ask him what is your near? Right What is the knee? What did you mean when you said if you leave the house? Did you mean if you leave the house at all? Whether I see you leave the house or No? Or did you mean literally if I see you if I watch you with my eyes leaving the house if he meant if I see you with my eyes leaving the house then he didn't divorce her. And if he means if you leave the house at all you are divorced and she has divorced her when she leaves the house.
Play the next point. And amen. Near to our rods now alpha of the old sir based on the objective and
They're not based on the wording.
Now there's a condition here, you should write it down.
The condition is that the alpha of the wording has to level the any item in
a manner has to have the potential of carrying the meaning. Right?
I cannot be so clear that your intention doesn't enter into that wording.
So an example,
a father is with his son in the store, and the son is crying buy me this toy, buy me this toy by me this toy. Children aren't and then you the father gets so frustrated, he says, well, LAHIA will not buy you one dollars worth. I will not buy you for $1.
And then, after the father feels bad,
and he goes, and he buys him a toy for $100.
So did he break his oath or not?
Depends on his intention. Yeah. So we asked him, What did you mean by the intention?
And if he says that I meant I don't want to buy him anything. Whether it's $1, more than $1 or less than $1. I said, when I said I'm not gonna buy worth $1, I meant I'm not gonna buy you anything. Then we say you broke your off.
But if he says I literally meant I'm not gonna buy you one dollars worth. But I'm okay with buying you more or less. If this was actually his intention, then he didn't break feel.
Yes, and this is a larger issue. There are
some conditions if the person means intentionally to deceive somebody. So if he says, well, law, he had the material say, for example, somebody says that this happened yesterday. And you say, well, law, he I don't remember.
Law at court. And he really means that, I will not tell you, I will not remember for you. Yeah. So there are conditions here and I don't have them written down. So I don't want to make a mistake, but of them for instances that either there is a volume that you are requiring. So someone took something for you from you by voting. So you're using this wording to avoid injustice, or that you're going to cause fitna between two Muslims. So you might use this wording to create solidarity. But there are conditions for this.
The last one left the lab in Lavinia, there is no reward except with intention. And
this is obviously what we all know when we think about Nia we think about reward, Any action without any idea is not going to be accepted. Right. And there are two issues involved here. The first is an action that can only have one intention.
And there is no reward if there's no intention for it.
And then you have actions that can have more than one intention. For example, and in this case, you're only rewarded for the one intention you'll have. So for example, somebody goes into the masjid and he intends to pray to here to the masjid only then he gets the reward for it, to hear to know
what if he enters the masjid and he makes the intention I will pray to hear it in masjid and also a razza. For sorting, fetch the Sunnah for fetching and how you then measure then he gets a reward for two things. And the first one only gets the reward for one thing.
So the reward is only when the NIA is there. And of course if the NIA is for the sake of Allah subhanaw taala alone. And
you know, there are people who come to the classes and they take the notes and they learn and one of them is rewarded because he did it for the sake of Allah and someone else is not rewarded because he did it for the sake of the people. Or you did it for the sake of being told that we know the hadith of our profits and Allahu Allah is the limit of the first people that will be sent into the Hellfire is one who recites the Quran, and one who seeks knowledge and one who fights for the sake of Allah subhanaw taala and they're going to be asked, Why did you do this? And he says, I did it for your sake and they will say kept you lied. You did it so that people will say you are a reader of the
Quran, you are a person of knowledge, you are a Mujahid and it's already been said and they will be taken into the whole fight. So we know this hadith and this is something for all of us to strive in order to purify our Nia for the sake of Allah subhanaw taala and as we mentioned as well, abandoning the sins does not require Nia. Right. So, but are you rewarded?
Can you be rewarded for abandoning sins?
If I never had
have the need
to not drink alcohol. I have fulfilled the requirements of not drinking alcohol.
But I will be rewarded if somebody did offer me alcohol and I said no, I get reward. Does that make sense?
Okay, so, one of the scholars mentioned a person might abandon sins due to weakness due to poverty due to inability, you will not be rewarded for any of this.
But he is prevented from gaining sins he didn't get any sense because he didn't do any of this haram right.
But the person who abandons it with the intention of abandoning it receives the reward. And the example is the prophets Allah Allah isn't mentioned several times with the Lord Allah houfy Leona, please know that seven were given the shade of Allah and the day when there is no shade except the shade of Allah one of them. A woman calls him towards haram and he says I fear Allah subhanaw taala. So he gets a great reward for the intention of abandoning the haram. So both people are saved from sin. But the one who had the intention to reject it, it was offered to him he rejects it has reward on top of being saved from sin.
And an example here, somebody I said hold on to my cell phone as a trust. Okay, then you gave me back my cell phone and you took care of it, you didn't cause any harm to it. Now, you didn't have the NIA when you gave it to me
you did not incur any sin because you took care of the phone but you didn't get reward because you didn't have any and for the sake of Allah subhanaw taala that you took care of the phone you're gonna give it back you're helping another Muslim whatever it might be right. So the reward gives you the the intention gives you the reward without the intention you're not going to get the reward
so let's do it in sha Allah some questions quickly.
I know this class like I said is a bit longer than the other ones in trouble. So one man makes listen with the intention of cooling off and another man I don't know I didn't finish this. Another man has the NIA of rough algebra but removing the major impurity
Okay, so which one is of these three? Is it are we differentiating? The what is intended by the action for the sake of Allah subhanaw taala other than Him? are we differentiating the acts of custom from the acts of worship? Or are we differentiating the acts of worship from one another?
The customers from the acts of worship okay.
And then praise to rock as intending the Sunnah federal and a man prays to rock as intending the federal prayer. Which one of these three is it?
The last one to me is it a guy that are differentiated acts of worship from one another?
Okay, one person seeks knowledge for the sake of Allah and another seeks knowledge to be called a scholar.
So there's the first one what is intended? Who is the mob so they're not intending Allah? subhanaw taala.
Okay, a person watches off their limbs to cool off, but not for what
is the impurity The ritual is the Hadith removed?
No, because there was no Nia.
Okay, the person prays to us with the intention of idiots and messages. And then, during the prayer after the prayer, he says, No, I will make it.
I will make the fajr prayer.
Has he completed his fajr prayer? No, he has not because he did not have the near at the beginning of the prayer.
Somebody says well, Allah, He,
you will eat dinner with us today.
And he didn't mean to swear an oath. Does he have to pay the Cafaro?
No, because he didn't mean it. He didn't mean to swear it off.
Just he's just saying it just coming across his tongue. Okay, that's the last question. I wanted to do more questions, and I ran out of time today. This is the last question for today. Maybe next week, I'll add some more questions before we start inshallah anyone have any questions? We're good.
It's probably a long way from the
stuff that we're going to relinquish all of the brothers can help fold the tables.
I do have the exams for that sort of class for those who want it.
I know it was a hard exam. But how did everybody passed?
But July I don't feel that. There was some tough questions in it. That hamdulillah like everybody tried hard, and everybody did pretty good, considering
it's the NEA that counts. Exactly.