Qawa’id fiqhiyya #06 – Customs are determinative

Ibrahim Hindy


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so heavy on one hour before it so the reverse of the embryo lock doesn't miss any of Kamakoti. So inshallah This is the last class for this course in sha Allah. And it's going to cover in sha Allah the last of the major legal Maxim's, which is harder

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to hack hakama which means that customs are determinative.

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So this is one of the major clouds and relates to many of the different chapters in FIP. And has a lot of

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it's important to understand this, this, Clyde that because especially in the West, I think sometimes people refer to customs and the customs here and there. So it's important to have an understanding of what this what this legal Maxim means. So, Elijah, Muhammad Can I add, is what people customarily do, either from their actions or from their statements. And you know, this is known, there are debates about the definition. And there are different definitions that exist even though like to get into like a long discussion about what does it mean is maybe outside of the scope of this class,

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but the intended meaning of the idea is that it is something that is commonly practiced practice between the people or amongst the people.

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And this maximum is taken from

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you know, different, as in a hadith we'll get to sha Allah who laugh what what would have been Morrow for Allah tells our Prophet in the Quran, who they love to take, you know, pardon and forgiveness and command Allah, I will write a lot of

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enjoin a lot of witches and my roof, which is essentially related to customer actions. And the intent of this allow them or Hakima that customers are determinative does not mean, this is an important distinction. It does not mean that every Earth every customer, every action, is something we act upon. Like, it's not that we say, this is the custom of these people, so we have to do it. No, it's not that, but rather the customs that exist, in which the Shetty eye does not prohibit in which the Shetty eye does not contradict does not contradict the Sharia. Those can be used to determine rulings.

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And so in the end, and I them will heck come out means that Wahaca means that it is made a heckum it is made a source of judgment to determine rulings between people. So let me ask you from where we are here, if I take a taxi to go to the airport, how much would it cost?

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What's the typical cost?

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$45. Okay.

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So let's say I call a taxi. And they come here, and they get into the cab and he takes me to the airport. And I get to the airport. And I he tells me pay me $50 I tell No, I'm gonna pay $20

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What's the rule here? Now we're in an argument.

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That's the process.

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No, there's no set price. I got in the car. We didn't talk about price. We just arrived at the airport. We never talked about price. We arrived at the airport. He says the price is 50 I say no, I gotta pay you 20 or 30.

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Now we're in an argument. So what happens here? There's no Is there anything in the Quran? Or the Sunnah that tells us what the price of a ride from not until here to Pearson Airport costs? No. Okay.

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Is there anything in the language that indicates? Of course not. So, here we find in the Quran,

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what motivator of right command the Earth, the custom.

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And so we say we look to what is customarily known amongst the people. So the custom here you guys like said $45 of the custom? When we would say okay, the ruling is $45. And Allah's parents are artisans, why should one roof live with them with their wives in marital what is customarily known? And because of this, some of the scholars said, what is the right of a wife and a marriage?

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Like we all know the wife should be provided for by her husband. But what is the what does that mean? So they'll say it's dependent on what is customary for a woman like her in her city and her social class. Right? So,

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you know,

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there could be someone who's really poor, who only her husband spends upon her small amount of money, but they're poor. And there could be a woman who's married to a billionaire or husband gives for 20 $30,000 a month easy. But she's a middle class woman. So he says what is the middle class of her city? How much do they typically get? This is what is her right? Right? So I should wind up in my room live with them in my roof. It's

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related to the earth.

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And this is, you know, we know this hadith of the Prophet salallahu alayhi salam

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that a woman came to the Prophet and she complained to him that her husband was stingy and was not spending upon her. So the Prophet said who the Mallya creaky? Well, what a Dookie Bill Maher off? He said, Take what is sufficient? What is enough for you and your child? Bill out off? From what is my rule for this customarily known? So how much did she take?

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We look what is customary for a woman like her in her city in her place? What's the kind of food that she would eat? What's the kind of clothing she would eat? So what is enough for her? So?

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If what is enough for her, let's say is $1,000 a month? Is it permissible for her to take 1500 a month? Say no, she has to take $1,000. So the profit sharing her towards either towards customs.

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So now again, I got into the taxi, we get to the airport, and we'll say the ad that the customer is going to be the judge between us. And so what is the typical ride $45, then that's going to be the cost. And so customs are determinative as a judgment, right. So we use the customs to make a judgment.

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But this has conditions.

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One of the conditions, like we mentioned is that it does not contradict the Shediac.

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So if some people transgress in their country, they transgress in their city against the Shediac. For example, maybe there's a city they are a country they make the women and the men inherent equal shares. Of course, the Quran says the opposite of this says different than this. So do we go there? And we say, well, the custom here is that the inheritance is equal boys and girls know this contradicts the idea. So because it contradicts the *, yeah, this is an invalid, custom.

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Or, you know, like we live in Canada, the custom, you know, maybe his people did not cover their IRA, both men and women, to be honest. So is this custom determinative? We say no, this is a facet, this invalid custom.

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I feel like I slipped. I skipped a slide or two.

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I did.

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Okay, so let's, let's stick here, I guess.

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I'll go back to the other slide.

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What's also important is that the

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custom that we're talking about is definitive or probable in nature.

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Right? So there could be customers that are rare, right? So, but those are not going to be considered. So for example, somebody goes to, I don't know, you go to a store in Mecca, next to the harem.

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And you see a phone, you say, how much does this cost? And they tell you 1000 Looks like you're gonna come back and buy it. Or I'll take the phone right now I'm gonna come back and pay you tomorrow. He comes back, and he comes with 1000 rial. And the man says, No, I meant to $1,000.

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It's how do we determine that? So we say again, what is the idea here?

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The definite the study custom that's used here in this area? Is it US dollars? Or is it Saturday yet? Somebody might say sometimes people will sell in US dollars around the house. So yeah, but the probable the overwhelming the definite, the the steady custom of this area is people are selling into the apps, right? So that would be the judgment, that judgment would be that it's sort of the end and not $1. And the act of using dollars is what we call Nazirite. It's rare. And the rare custom is not taken into consideration.

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As well, there has to be no now I'm, I feel like I'm jumping all over the place. These are the conditions

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as well, that there has to be nothing too explicit to the contrary of it.

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So the example we mentioned, I get into the taxi cab,

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and we said the comment is $45, right? I get into the taxi cab. As soon as I get in from here. He tells me, I'll take you to the airport, it's gonna cost you $80.

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And I say okay, it takes me to the airport. I said, No, that is 4545. Can we do that? We say no, because there was something explicitly said, like he said in the beginning, it's going to be at, I could have rejected I could have accepted or rejected right? Because he said something we don't go to the either. We don't go to the custom. I'll give you another example.

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You go to mattress store furniture store and you want to buy a mattress you want to buy furniture set. And let's say it is the common practice that when you buy a furniture set, they will deliver it they will assemble it, and that's included in the price.

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So you go there, and the store owner tells you listen, I'll sell it to you. But look, I don't have any workers

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So if you buy this, you're gonna have to take deliver it yourself and set it up yourself. Do we say to the sort of store owner? No, the either the customers, you have to deliver it and assemble it. We say no, because he said explicitly, he clearly said, this is a condition is I'm not going to set it up, even though this is the custom, I'm not going to do it. So because he says it clearly, then we don't use customs to determine the issue. Right.

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Sorry, doesn't have to be like explicitly said we can also be like, in a written digital form. Does that also count to group question? We'll say if it's, we'll get to writing future that's a good question. Happy asset.

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Yeah, so this is important that it's not explicitly stated. So this comes into play when it's not set. When I get into the taxi cab, he doesn't say anything he takes me to the airport I didn't say anything. Now we're having a disagreement. So now the custom comes into play right.

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The fourth is that the custom precedes what is judged upon

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meaning that the customer exists or precedes the contract.

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So I'll give you an example somebody has a piece of land

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or a house or something he says I make this house a work I donate it as a walk as an endowment and for my children to manage it my children are going to manage this foundation this house this property this money that I've given for the sake of Allah so He says Oh Daddy, my children now I will add the what are the typically means boys or girls, right both

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but let's say 50 years into the future, the word of Allah de means like the people have changed the language changes over time right? So in the future 50 years in the future people say well, the word I will add to your one of the means boys, and rarely doesn't mean girls. So they come in they say look, this person left this to be managed by his I will add or his whatever the whatever it is, he said, and today that means boys and doesn't mean girls. So we should not let any of his female inheritors. manage the property only let the male inheritors manage the properties. It's make sense. Okay, why do we would we accept this or reject it?

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Exactly. This is a custom that came after he made his statement, right? So he made when he wrote his statement, what was the custom then? So what matters is the customer at that time and before it, what happens after, it doesn't matter. So you can't say, Well, you know, this word has changed. So now we're going to go back and change his contract. And it doesn't matter like that doesn't work like that.

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Now, we say where our customs considered like what is the place in which the idea is considered

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whenever there is something that is unrestricted in the Sharia.

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So whenever there is something that is unrestricted, not locked in the Sharia, and there is no rule for it in the Sharia, and there is no rule for it in the language, then we judge based on custom.

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So this is important. There's nothing in the Sharia, or in the language that presents a rule. If there's a rule in the Sharia, we don't look at the custom. If there's a rule, even in the language, we don't look at the customs.

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But if there is no rule, then we look to custom. So I'll give you an example. In fact, this is humbling if

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you learn that you cannot drink from a vessel. Let's say like a cup. There's a cup of gold or silver. This is haram you can't drink from it. Okay, let's say you have a regular cup, and it breaks

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and the break. It's not a huge break we want to weld we want to weld closed. They say okay, you can weld it closed with iron with plastic. You cannot weld it with gold still haram, but you can weld it with silver.

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However they say

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this is if the break in the cup is that it's a small break. Yes here. So it's small, it's brought that but it's broken. Like there's a break in it. Yeah, see, it means it's small. While the Hydra, there's a need. Okay.

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So now we understand what that is, what a break is, it's broken. They can't be used unless we fix it.

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They said Hajra need what is need mean? That you're not doing it for the purpose of decoration or for beautification. You're doing it because you need it. If we don't do it, and it doesn't function, but they said the break has to be a seer or the usage of it has to be a sea of meaning small.

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Is there something in the shed Yeah, that

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tells us how many centimeters of silver were allowed to use on a glass on a cup. Nothing right? There is no rule in the Shediac. About what a small amount means here. Is there a rural rule in the language? About what Yes, he had small amount means here, if we open the dictionary, will it tell us exactly what the dimensions of ASEAN of small is? No. So there is no rule in the Sharia. And there is no rule in the language. So how do we determine what is small? We look at the custom of the people we say what is the either? What do people consider to be customarily small? What's a big break? And what is a small break? Another example that humbly say that blood is not just right.

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But they say, you won't find it in one of our own Aeneas here that we overlook or we pardon? blood that is not in liquid or food that is eaten.

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So it's not in fluid not in liquid that we drink.

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But but that is a little you see it for small amount. So a little bit of blood on your clothes, a little bit of blood on your shoes, a little bit of blood on your books, not considered not just again, what is little? Is there anything in the Shetty eye that tells us how many drops of blood? No, there's nothing in the Shediac.

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So we're How do we decide what is a small amount of blood and what is a large amount of blood, they say either goes back to customs, they literally would discuss the people will make some people disgusted, that becomes an address. This is a custom, right, maybe some countries, a lot of a lot of blood makes them disgusted other countries, small amount of blood makes, right so another example is well toe off.

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So one of the conditions of tawaf is an MOA that, you know, each circuit of cloth follows after the other. Right? So if you did one circuit around the caliber, and then you took a very long break,

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you wrote for waited for an hour, two hours.

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And then you came to do your second circuit? We say no, no, because one of the conditions of toe off is that it follows after each other. So now you have to start all over again, you can do this is my number two after I waited an hour. Now this is your number one. Now you have to start from the beginning.

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Okay, they say you can have a small break in time, but you cannot have a large break in time.

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So what is a short break? And what is a long break? Is there a rule on the idea? I know is there a rule in the language? No. So goes back to the idea of people what is what are people considered a small break? So if you did one circuit around the cab, and then you went five minutes, you got some ZamZam, you drank it, you came back and continued, say no problem. Everybody knows five minutes is a short period of time. But if he did one circuit around the cabin, then he went and he got dinner, and you came back two hours? And then you want to do your second one, we say no, you got to start all over again. Right. So based on the customer, the people we know what's relatively short and

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what's relatively long, of course, in the middle is where things get muddy, but based on the custom, we decide what's long and what's short.

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Okay, so

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I think I missed the slide. Okay, so we said the definition

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out of his where there is no notice, there's nothing specific in the shed er in the language.

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What does it have? And what does it mean? So you'll hear these two terms being used, we're talking about the item, right customs are determinative. Another word you will use you will hear often is Earth. Right? What motivated, like we mentioned, right?

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So what did these two words mean out of fun either. So one opinion is that they are synonymous, they mean the same thing, a lot of fun, either or the same thing.

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But others have other definitions for it. And there's more than that, just as some say they are different. They say that.

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If it is an action, it is a higher

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and if it is in the language it is.

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So I'll give you an example.

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In the language, does anyone know what does the word jam actually mean? In the language?

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Like a gathering place, collection or the gathering of a place, but if you said to somebody, I'm going to the Jama today, maybe in Egypt especially. I can't see the Masjid. Right. Yeah. Okay. So there's a linguistic term, but the custom has changed to mean the master right. So we will say this is a road

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right out of comedy one, right, but they will say this is because it's a custom in the language. Same thing when you say, Jamie, Jamie, I also mean the gathering place. But then when people say, Jamie, they mean University College, something like that. So again, this is all stuff because it's language.

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But I'm wearing,

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like a Koofi on my head, right.

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This is either this is a custom right, this is an action that people do. Right? Whether they were a schmuck or they were goofy or whatever it is, this is a consider that either. So in this definition, they would be two different things, the language would be eroded. And the action would be either why is this differentiation important? I mean, I've seen this before, sometimes we only read the first definition. So the first definition is the orphan either or the same, then the student starts to open some books soon. And he sees the scholars have written a lot of Taha Salam

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will add that that horses are out of will specify what is general, but I will not specify what is general. Because of course, you know, we talked about and also we talked about toxicity, I'm specifying the general so if you don't know these nuances, so the person will be this will be these scholars saying often either mean the same thing, why are they making this differentiation? Right? So, you know, of course, when we read things like this, that we get confused, we should give us an oven to the scholars like scholars are not ignorant, they understand what they're talking about, right? And the reason I'm saying this, of course, we're working off of the work of the raja Rahim

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Allah Tada. And he makes this differentiation between Earth and Adam.

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So these are the categories of Earth.

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Where do we go?

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The categories of Earth.

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So, the subject node where the earth is the subject with that it's made up of statements and actions, right? So either it's a statement, words that have changed, or language or actions that people do or, or words that people are used to.

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If we look to the perspective of Sahaba, who we mean like I wrote its own or I don't know how to translate it, but really what do we mean by this? We mean who are the people who change the custom of the thing? Right, so I'll give you an example.

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Does anyone know in the language what does the word Salah mean?

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Does anyone know?

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Yeah, like that's the original that's the more the root word I think Salah is dua in the language we say it's not as too hot.

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But now if you say the word sloth what do people think

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the sloth is from tech to be able to just leave all the actions between okay

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we'll change this meaning how did this meaning change who changed?

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Allah so we say that this is shorter ie the owner of it the changer of it is the Shediac the Shediac came in change this minute. So we call it otter Finch Charlene. From shadow shadow anyone.

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Okay, now,

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the Arabic words Rafa Rafa, it means to raise something, have means to lower something Jarrah means to drag something, right.

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Okay, but all these words that I use rough and have them, any of you learn Arabic, use these words all the time in grammar, right? To use to mean different things. So who gave it who gave these words additional meanings?

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The grammatical meanings.

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The scholars of language, right? Have no one source.

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So we say this is all from hos. This is a specific Earth. So in a specific field, a specific group of people gave these words different meanings, right, they gave it the meaning of the grammatical meanings of rough and jar. So if it's a specific group, we call it hoss. Like there could be a word and also, we use as different meaning than in other places, right? A word in 15 has different meaning than other places.

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The word Jawan in Arabic means to Rome, I think to drift to Rome. But if you go to any Arabic country, say where's your Jawad or have you seen a job while that means cell phone? Right? So everybody will know a cell phone?

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Who are who did this? We change the meaning of this or use this language?

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The people right it's a general so we say this is awful. And I'm right. Like everybody knows this. It's not like a specific group of people.

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People or anything like that everybody knows this. And even go to an Arabic country people don't know, the rules of grammar. They just speak Arabic. They don't know what rough Angele some of the number one school, right, they might not know that stuff. So, but this is everybody will know everyone, Joanna's. Right.

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So it's not a specific group of people. It's not this let scholars have a language or soul or something like that. So, it depends on who is the one who transferred the meaning to a customary meaning, this is what considered you know the quote unquote owner of it.

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Also, we could say the acceptance of it. So, Earth can either be sahih or it can be facet, it can either be valid or invalid. So, for example, you know, like I said, the *ty I commands to cover the outer,

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and people in Muslim countries have become accustomed to cover in an hour. So say this is a valid or this is a so here or right, it is the custom, and it actually complies with the Sharia.

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Likewise, people in Muslim countries were Koofi or shemale, or something like that.

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There should he has generally silent about this hadith about wearing a goofy, but this is a valid custom does not contradict the Sharia.

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People drive when there's a green light, and they stopped when there's a left red light, and they slow down on the yellow light. Again, this is a roof and it is so here it is valid, does not contradict the shutdown.

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facet is what contradicts the shutdown. So

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real example, somebody marries their daughter to someone. And

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he tells the daughter to wear hijab, he tells his wife, the person who marries the daughter tells his wife to wear to wear hijab. And then the parents are like, Well, the idea the custom here is no husband tells the wife to wear hijab.

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There they might be right in their area and their place in their social circle, it may be true that nobody tells their wife to wear hijab. Is this a valid vote of no, because it goes against the sheer reality.

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Then the extent of it being used by people. So we said either it has definite meaning everybody or most people act, according to it. So for example, you go to a store, and you say I'll purchase whatever it is, the custom is that the store will give you the product in the box in the box is unopened, right? This happens everywhere. So this is a definite customers customer happens every study custom custom that happens everywhere, right? It's it's

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rare that this doesn't happen, right?

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Or it can be highly probable volume.

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Trying to think of an example think like if you're in Saudi Arabia.

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And let's say two people in Saudi Arabia agree on a date. So they say you will pay me X amount on the first of the 10th month,

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first day of the 10th one.

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And then they come back and one of them says where's the money? And the other one says no, I thought you meant

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one of them says you're supposed to give me the money because it's the 10th month of the Hijiri calendar. And the other one says no, I thought you meant to give it you on the 10th month of the Gregorian calendar. So who's correct? We say in Saudi Arabia, even though it doesn't happen all the time. It's not a definite custom. The probable custom in Saudi Arabia is that they're using the history calendar. Right.

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And the reason it is Saudi Arabia, because here we only use the Gregorian calendar, right.

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But in Saudi Arabia, more likely than not, they're using the Hijiri calendar.

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Or it could be MUSAWAH. Masala means it's equal equivalent.

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So I'm trying to think there are some countries I know like, for instance, in the UK, before they left the European Union, if you went into any store, sometimes you'd be confused, because they would use either the euro or the British Sterling.

00:29:07--> 00:29:20

And sometimes they would put both prices. But sometimes they put one price and you weren't sure which one did they mean. So this is an area where it like the countries are equally using two currencies, right? Sometimes they use their own currency and the US dollar equally.

00:29:21--> 00:29:28

And so sometimes this is a this would be considered an equal custom, because you don't know it's half the people use it this way. Half the people use it that way. And

00:29:29--> 00:29:51

this is what we would call an equal custom and what we would say in this instance, like let's say for example, two people are arguing when they agreed to sell something for 1001 of them says it's US dollars. The other one says whatever, it's Egyptian pounds, and they're arguing, and people in fact use it equally. Then we would say they have matured, this is an unknown sale, right? Because neither are really at fault.

00:29:52--> 00:29:56

And the final one is rare, something that's rarely used. So

00:29:58--> 00:29:59

somebody in Egypt

00:30:00--> 00:30:06

He says to you, I will sell you a kilogram of Irish

00:30:08--> 00:30:09

because I want ISIS

00:30:11--> 00:30:28

I shouldn't eat of this bread but in Kuwait people say I actually mean so you'll say I actually mean rice so he does your cell he's in Egypt He does all sell you a kilogram of various whatever $100 And then he comes and gives you rice

00:30:29--> 00:30:44

right so it's a no this is a rare customer this is a customer is not known in Egypt people in in Egypt they say I actually mean bread. But you and people in Kuwait they say I usually mean rice, you can't use that in this place, because this is a rare occurrence. This is a rare custom.

00:30:50--> 00:30:51

We talked about this as well.

00:30:54--> 00:30:56

Okay, so what are the Maxim's related to this?

00:30:58--> 00:30:59

What are the

00:31:00--> 00:31:16

COA that are Monteggia. So these are easy, inshallah won't take us too long. The first one is in the metro October ladder project. So this exactly we were just talking about the customs are to be considered when they are definite or probable.

00:31:17--> 00:31:37

So this is a maxim but it's also a shot, by the way, it's a condition. So the example we mentioned, you're selling something in a currency that's not often used. So, we judge based on what is definite what is probable. So, you went to the Haram told them 1000, you came back with 1000 reality tells you no dollars, and we say well in this place, more likely

00:31:38--> 00:31:53

people are selling into the ads. So that is the customer that we judge by. So, only when the customer is definite or probable do we judge based on customer if the judgment if the custom is equal or rare, then we don't judge based on it.

00:31:57--> 00:32:13

Then we also say I look for orphan can Mysuru to shorten that which is customarily known is like that, which is explicitly stipulated in the contract. So, this has to do with contracts and we kind of talked about this already. So the example of me taking the taxi to the airport,

00:32:15--> 00:32:20

we judge based on the customer, right? We disagreed on the price. So the judgment is based on the customer.

00:32:23--> 00:32:45

So this basically is saying what is customarily known in my role for orphan what is known by orphan in customs Kalama Shruti shorten it is equal to as if we wrote it down in a contract. Right? So the two people arguing in the airport about the cost of the taxi, and they come to you and they say help us judge.

00:32:46--> 00:33:20

And you say the price is 45. And they both are one of them says this is not fair. And you say an order for often commercial? The short answer is if you guys wrote it in a contract, it's as if it was signed in a contract. Because what is known by Earth is as if it's a contract. So the same thing, like we said, we're going to buy the mattress, and without any conditions, right? The mattress owner didn't say anything. And he sold it to you. And then he said okay, you take the mattress, and you say no, you have to you have to deliver it. This is the custom right. So what is customarily known is the rule.

00:33:21--> 00:33:29

Unless another condition has been made, unless the store owner says I can't take it for you, before you even buy it, it tells you I can't I can't deliver it for you.

00:33:32--> 00:33:58

The next one is Al Kitab. will complete lob, what is written is as what is said, and this goes, I think to the question you're asking earlier. So this is always included under oath, because this is what has been customarily known by people. So this means that what has been written down has been customarily known by people to take the role of what is spoken by the tongue. And there are so many aesthetic rulings tied to this that you wouldn't even imagine.

00:33:59--> 00:34:25

Right so for example, you send an email saying I will purchase from you for X amount of money, and the person responds and says I accept your purchase and it was all by email. This is valid and people use it and this is a considered as if you spoke to the person and in person. Likewise, somebody sends an email to his wife for a text message. And this happens, he tells her you are divorced in the text message.

00:34:26--> 00:34:37

Then he says look, all of the Hadith about divorce are about saying to your wife, I did not say to her I didn't move my tongue. Sorry, you didn't move your tongue when I can.

00:34:39--> 00:34:41

Right there I'm keytab okay coupons.

00:34:45--> 00:34:51

You can say that but he can't if he wrote it then I'll keep Tebow clip alright what you have written is exactly as if you have said it.

00:34:54--> 00:35:00

The next one and each man who does this is about sign language. For a mute person a person cannot

00:35:00--> 00:35:03

Speak, is equal to speech upon the tongue.

00:35:04--> 00:35:32

So, this is similar to what we just talked about the sign language of someone whose mute is equal to the spoken word. And again, there are many rulings about this. So for example, somebody who's mute, if he nods, he's getting married until you accept this marriage in in odds with his head. Is he considered married? Does he affirm, we say, yes. Right. So the sign of somebody who cannot speak, that is largely understood by people is permissible. And because of this, there's a ruling and the humble is

00:35:33--> 00:35:39

It's haram to speak during the gematria. Right? Correct.

00:35:41--> 00:35:43

Is it haram to do sign language?

00:35:45--> 00:35:52

During the job, Mahatma will say, Yes, It's haram. Because the sign language is like the speech. Right?

00:35:54--> 00:36:00

Even if he says I didn't say anything, I didn't move my tongue. I just made, you know, gesture. Say No, It's haram.

00:36:02--> 00:36:02


00:36:05--> 00:36:13

That also investments. But even if you were to sign someone required any family gatherings?

00:36:18--> 00:36:24

I think so. I'm not. I'm not sure right now. I don't want to in the headspace, I

00:36:26--> 00:36:26

believe so.

00:36:28--> 00:36:29

But I don't want to say for sure.

00:36:32--> 00:36:47

So like I said, Sign Language in a marriage contract. He nods to the contract. This is like speaking. There are some exceptions here. The interesting exception I found. So they will say the shahada, the testimony of someone who is mutes in front of a judge

00:36:49--> 00:37:04

is not accepted. So let's say there's a robbery, there's a theft that a store and one of the witnesses cannot speak. So he wants to do sign language to explain what happens. The folklore hat do not accept this as a valid testimony.

00:37:06--> 00:37:09

Okay, what if he's the only witness? He say he's the only witness, what do we do?

00:37:10--> 00:37:11

What do you guys think?

00:37:13--> 00:37:21

He writes, he can sign as the writer and Al Kitab. Club writing is like speech. Right? But this is one of the assumptions they made.

00:37:25--> 00:37:29

The rationality is not accepted. I think the reason is, because

00:37:30--> 00:37:52

when you're interpreting the sign language of the person, there's a degree of we're making an assumption, we're trying to infer what he means. So they're like, this is not that high that this is the threshold of evidence of his testimony is not high enough. Because what if the person translating it is not accurate? What if he meant something slightly different.

00:37:54--> 00:37:59

And so that's why they'll accept him writing that him write it down, rather than him signing it.

00:38:01--> 00:38:19

Okay, and the last one, the human code, the leader, could totally eat as man. There is no objective objection to changing rulings, along with the change in the times. And this is very important. And it's actually in a way more broad than the main maximum that we talked about.

00:38:20--> 00:38:29

Because this is basically saying the footwork can change, because of earth because of the customs but also more than just can change.

00:38:31--> 00:38:37

But why did the scholars put it under this maxim? Because one of the things that causes a fact what the changes are

00:38:38--> 00:39:02

so example, somebody in Medina he says the word dabba dabba and he and they mean by AMR they mean donkey, and someone in Mecca would say the word dabba and he means by it a horse okay? It's just an example. So a man in Medina says a man in Mecca two men both of them say well law he I will not ride a dad ever again.

00:39:03--> 00:39:04

So what have they sworn to

00:39:05--> 00:39:19

say the one in Medina has sworn that he will not ride the donkey and the one in Mecca has sworn he will not ride a horse even though they said the same thing. Why is the fed to a different for each because the road for each is different. The custom for each is different right?

00:39:21--> 00:39:30

Now what are the causes? What are ASVAB total unit federal what are the reasons why affects what can change? So the first like we just mentioned Earth, the custom the changing of accustom

00:39:32--> 00:40:00

I'll give you an example. So the scholars talk about how to remove the things that I don't explain it will as like the chivalry of a man like the respectability of a man so how Adam and Moodle as like when a person has lost their respectability, right they've lost their their, you know, chivalry and things like that. negates negates that chivalry. So in some countries, if somebody is not wearing something on their head, it's considered collateral and modal is considered

00:40:00--> 00:40:25

They've negated this chivalry of theirs. And there's rulings related to this right? Like they might say not. Some scholars might say you don't pray behind somebody who's mortal, as you know, or at least they're not. They're given lower priority and leading a prayer and things like that. So some countries, because of their author, either, if somebody is not wearing something on their head, like a man is not wearing something on their head, then they would consider this like, lack of respectability, they've dropped the respectability, they've negated it.

00:40:27--> 00:40:30

But let's say two men enter the same lecture hall.

00:40:32--> 00:40:43

One of them is from a country like Saudi Arabia, or one of these countries where they always wear something on their head, and the other one comes from the West, or even Morocco or something like that. They don't often wear something on their head.

00:40:44--> 00:41:03

One of them, both of them, one of them's wearing on the head, the other one's not wearing on the head, neither of them has negated their model, because the off of this person in order for that person are completely different. That makes sense, the customs are completely different. So the ruling is different because these people have different or if they have different customs.

00:41:04--> 00:41:07

The next one is facade is a man. So

00:41:09--> 00:41:47

when the corruption of the times the corruption of the times, so I'll give an example in a moment, how Romania Giuliani, who is a great chef, a scholar, and the chef fairies permit women to show their face. And then there's well known rule amongst the chef realia the woman can show her face. Yeah, he writes down. Women should cover their face because of the facade of his time. He's talking about what he's talking about. Likewise, Imam Malik said that, it is my crew, tansy, tansy that it is my crew for a woman to travel with her stepson is the stepson of Muharram to his

00:41:49--> 00:41:55

two step mother, yes, he's MATCOM for he says mcru for a woman to travel with her stepson.

00:41:56--> 00:41:59

Because he's Hadith and Hadith I had

00:42:00--> 00:42:16

their Muharram relationship is new. The Muharram relationship is new. There's a recent news to the Muslim relationship. And he said, because we're living in a time where there's too much for sad, I say it's my crew for the stepson to travel with his stepmother alone.

00:42:17--> 00:42:32

The reason why I'm saying is, as well some people say because we can change the fatwas. They're like oh and Hamdulillah we can change every fatwa from being haram to being halal. But if we can change fatwas, that means we can also change from being highlighted to being haram. And you see, Imam Malik does this right.

00:42:33--> 00:43:06

But the opposite is true as well. So to lead in masala, the change of masala can change the fatwa as well remember, last week, we talked about speaking against evil is formed, right? speaking out against evils for what if somebody says if I speak out against evil, something worse is going to happen. And I'm definite are very highly probable, probably sure that if I speak out against evil, worse, is going to go on to take place. So now we say the Masilela has changed, the benefit has changed, right? So because the benefit has changed,

00:43:08--> 00:43:09

the festival will change.

00:43:10--> 00:43:15

Another example, we're getting close to OSHA, try to end we are still

00:43:17--> 00:43:18

trying to go quit.

00:43:20--> 00:44:00

The scholars of the past will say if somebody has tuberculosis, this is if you read like that and was talking about one of the manuals of 50. If somebody has tuberculosis, they call this model health which means like life threatening disease, and there are certain rulings that apply to somebody who has more than health and third life threatening disease. So for example, if you have a life threatening disease, you cannot give more than a third of your wealth to someone who's not an inheritor to a foreign person, right? So somebody on their deathbed cannot say give half of my wealth to charity, not permissible. You and I we can do that we can give all of our wealth wealth to

00:44:00--> 00:44:06

charity, it's permissible Abu Bakr Radi Allahu Anhu that I'm gonna give half of his wealth, no problem. But if you're on your deathbed, you're not allowed to do it. Why?

00:44:08--> 00:44:09

What do you think?

00:44:11--> 00:44:47

Because you only do a third because he's on his deathbed. And it's as if he's trying to not give his inheritance to his inheritors. Right? So it's not permissible. So the scholars applied this to somebody who has tuberculosis before and when they wrote this book, if somebody had tuberculosis, almost for sure they're going to die. Today, there's different medicines, there's different healing. Somebody has tuberculosis, not necessarily they're gonna die, right? So the fatwa changes, because the situation has changed. The circumstances have changed, the muscle has changed. We will go very quick because it's almost prayer time.

00:44:48--> 00:44:55

So using the word data to refer to a four legged animal, what kind of artifice this statement or an action

00:44:57--> 00:44:59

statement, okay, is it ah,

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

Rojas are sorry

00:45:04--> 00:45:14

this is um most people use it is it sorry every facet so yeah and what is it well today there are a lot of so is a definite probable

00:45:15--> 00:45:16

I think definitely

00:45:18--> 00:45:34

okay somebody says well Allah He I will not put my foot and so and so's house and this means I will not enter their home not just putting my foot into their house or inside their house this is all of that is fatty or holy

00:45:38--> 00:45:39

call the statement

00:45:41--> 00:45:44

that when he says I will not go into his house his meaning is

00:45:45--> 00:45:48

and it is armor class or shadow a

00:45:50--> 00:46:02

class solemn I think most people know this. I say I'm not going to set my foot in his house means I'm not going to enter his house. Most people know this right. And so her facets

00:46:03--> 00:46:04

and what period okay

00:46:06--> 00:46:15

using the word solder to mean all that rebar that's between the tech veer and the Tasneem what kind of stuff is this statement or action

00:46:19--> 00:46:24

statements the word slaughter okay and it is I'm a hostile shot it

00:46:25--> 00:46:42

is a shot I and it is of course and it is positive in most cases there could be cases where we use solder in Nevada took a second one down right? Allah says in the Quran your solder is a source of tranquility for them. So, there could be instances we use so not to mean that

00:46:44--> 00:46:52

it is the common practice of sinful people that women will dress in short skirts are revealing clothing. So this is statement or action

00:46:53--> 00:46:57

action and it is armor hos or Shaddai

00:46:59--> 00:47:09

you could say I'm most likely cause because we're speaking about sinful people. And it is facet of course and it is some I don't know you could say you could say probable but

00:47:11--> 00:47:12

in most some people do it

00:47:14--> 00:47:21

Okay two people are arguing over the sale of the type of currency How do we decide the currency which is the

00:47:22--> 00:47:23

sub maximum we are using here

00:47:31--> 00:47:33

as a model for orphan commercials

00:47:37--> 00:47:37


00:47:39--> 00:47:40

I understand what you mean.

00:47:42--> 00:47:45

I think because they have not decided to

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

understand okay, is the response of a new person and his acceptance valid? If it is by means of sign language? So did he accepts the contract what is the

00:48:00--> 00:48:03

Alicia rotten wood sandwich Okay.

00:48:04--> 00:48:15

A person purchases a bedroom set and does not set a condition that delivery and assembly will take place. Is it required for the seller to deliver and assemble? Say yes because in our rule for orphan commercial dishes,

00:48:16--> 00:48:23

okay. A person sent a written message to his wife you are divorced has he divorced his wife? Yes, why?

00:48:24--> 00:48:34

alkie taboo country Bob. Okay, the word Irish means rice in Kuwait and it means bread and Medina. If a person swears not to eat Irish can he eat rice

00:48:38--> 00:48:41

depends on where he is right so this is based on

00:48:44--> 00:48:56

they uncovered the lead hand with the leaders. Okay. Several demand interests and other several demand to go by him and he doesn't tell him what type of felt why the man goes and purchases it So Danny thought

00:48:57--> 00:48:58

is this valid?

00:49:06--> 00:49:17

No is in maruf often can mushroom dish often right? So because it's not that he needs to buy him a Saturday felt he can't buy him so bad he felt he doesn't buy me a suit anyone or a FISA Danny that he could find?

00:49:18--> 00:49:20

That's the last one in Shaba just like milk