Ibrahim Hindy – Usul al-Fiqh #03

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			Bismillah Alhamdulillah wa salatu salam ala Rasulillah who are the early human WADA
		
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			in the Shakti so the use of the embryo can unlock that Emily's any of holy
		
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			sigma Claire for I know, it's a long weekend, but just like a lock for coming to our third class
inshallah and also did Philip and you know, I know some of your reporting, I'm going to try to
record myself as well.
		
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			I wasn't on board with recording it to be honest, because I don't want to give people excuses not to
attend.
		
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			But I'm going to record it in sha Allah, I'll send you guys the link as well.
		
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			But I would advise you in sha Allah not to miss classes, if you have to miss one if you have work if
something comes up and you need to miss a class, understandable in sha Allah, the videos there and
everything, but I think if you miss too many classes, even if you're listening to recordings, you're
not going to really be able to get enough of the knowledge inshallah. So
		
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			try to show up in sha Allah as often as you can be in the lab. So, let's do a quick recap on what we
talked about last week in sha Allah and we'll go from there. So, we said
		
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			the major discourses and also the fifth are for
		
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			one is ultimate rule, the ruling
		
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			the next is at the real the source of law or the evidence of law. The third is the data which is the
inferred meaning or the inferences we make from the evidences from the source of law. And the final
is animal study the infer the one who is making the inferences who is this person who is qualified
to do so. This is a large map of well suited folk, which is everything inshallah we will be covering
that in this course. We'll get actually maybe we should take these now. Oops. Okay, so this is a
type of review we'll do a quick quiz. Inshallah. So the first question is, we mentioned a phrase a
couple of times if it was sorted filled, this is a phrase that the scholars used to say. And it goes
		
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			that the Quran and the Sunnah are something and its fence or its walls is something and its gates
are something. So option A says the book and the Sunnah are a Hoja. A proof or a source of law. It's
fencer its walls is
		
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			a famous saw here, the correct understanding and it's the gates are inch T heads. Independent
reasoning, that's option one. Option B is the Quran and the Sunnah are a fortress, and its fence and
its walls is Egina. And its gates is also
		
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			option C is the Quran and the Sunnah are L OS, the foundation and its fence in its walls is sorted,
and its gates are
		
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			through the knowledge of differences. Which one do you guys choose A, B or C?
		
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			Which is a put your hand up.
		
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			Choose B? Everyone be? Sure? See, no one. Okay, A B is correct.
		
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			The second
		
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			question TechDis renewal of our religion is needed to review the power of the principles of
knowledge, according to what this age requires. Is this a true statement? Or a false statement?
		
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			By changing yet
		
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			incorrect. You guys are correct. Okay. Next question. What is the topic of Sunil?
		
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			Is it a the sub branches of 50 rulings?
		
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			Like the three and four area or is it an Adela legal sources? Or is it see the magenta heads? The
practitioner which t hat
		
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			A, B or C? Who says A? Who says B?
		
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			This is C?
		
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			It is B? Okay, yeah, I'm a chef. I invented all sorts of
		
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			this correct or incorrect?
		
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			Whereas correct, but what do we mean by he invented it?
		
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			He named it and gave it the name. Exactly. But he didn't actually, you know, bring it out of
nothingness.
		
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			Choose the correct category for each of these questions.
		
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			Holy Sahabi Hoja. The statement of a Sahabi is a source of evidence or a source of law. Is this
considered part of the medulla the ruling or is it a part of the delene? Or is it part of the law
the inferred meaning or the issue related to the info resettle? Sort of are these four things? So is
it eight
		
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			B, C or D? Who says it's a?
		
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			Who says it's part? It's B?
		
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			Who says it C? Who says it's D?
		
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			Okay, so the answer is B. It's a source because we're talking about the source of law, what is a
source of law for us? Right? And so a delille is the source of law coda. So have you Hoja This is
related to the source of law. Okay, cool. Yeah, I don't know. I'll remove
		
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			the statements all the phrase all in first generality, is this related to the ruling? Or the source?
Or the inferences or the infer
		
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			a versus A
		
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			versus B?
		
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			Who says C? Yes, C is correct, because this is helping us infer from the belief so you have the
Quran, you have the Sunnah, whatever the deal is, how do we infer from it? So this is a rule to help
us infer when it's L when it's cool or L or something that is general then we infer generality that
makes sense anyone confused by this sense okay.
		
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			Then which side is required to know is required to be knowledgeable if the evidence is in the
rulings? A B, C or D?
		
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			Who says D?
		
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			Who says A?
		
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			Who says B?
		
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			This is C.
		
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			So this is d is correct, because this is talking about them which to heads, the one who's making HD
heads, the qualifications of the one making HD head so therefore, it's D wajib is an act which was
rewarded and abandoning it.
		
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			Sorry, that can't be correct.
		
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			You thought I thought you were awkward.
		
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			Yeah, sorry, I
		
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			froze for a minute. So why GIF is the act in which you are rewarded and if you abandon it, you are
punished is this related to El medulla the ruling or a delete of the source of law or the inferred
meaning of law or the infer the one making inferences? Who says A?
		
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			A is correct right. So this is the rule in wedges a ruling
		
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			shows you more questions or should we just move forward? More questions? I think the questions are
good Elvis like establish our knowledge.
		
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			Okay, um reactor delivery job, a command necessitates obligation or infers obligation? Is this
related to the ruling the source the infer a Delilah or Mr. Did the inferred meaning or the infer
who says A? Who says B?
		
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			is a C?
		
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			Who says D? C is correct. This is the data this is us extracting?
		
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			inferring meaning from the source. Someone says slots in Gemini. How about praying in Gemini is a
wedge?
		
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			Is this a silly question? Or is this a 50 questions? Now we're dealing with another issue. Is this
part of a soul fit? Or is this part of
		
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			who says it is was solely foundational?
		
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			Who says it is 50?
		
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			Correct. It's 50. He's making a shift statement. He's saying he's saying suada in gymnasts. This is
a flip statement. Someone says Where did is that which the Sharia has explicitly ordered.
		
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			Is this slowly? Or is this 50? Who says also the
		
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			and who says
		
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			it is also the okay, because it's not dealing with the particular issue? Like the first question is
dealing with the issue of slots of gym out and the ruling on the particular issue of a sort of
slotted jump out. This one is not dealing with the particular issue. It's saying what is the
principle of what wedge of means, you understand of what obligation means.
		
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			And now he studied to Hareem the denial or the prohibition of requires prohibition. Is this slowly
or is this 50? Who says it is also the
		
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			correct who says it is 50
		
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			already said it's correct
		
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			because this is a rule of how we extract rulings out of the Quran and
		
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			the Hadith of the Prophet sallallahu alayhi wa sallam do not face the Templar while one is
deprecating or urinating is a Naheed. It is a denial.
		
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			And therefore it is an evidence that prohibition that is prohibited to face the Qibla while in a
state of relieving oneself. Is this a foundational issue or a 50 issue?
		
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			You
		
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			who says foundational?
		
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			Who says 50?
		
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			This is a 50 issue because we're dealing with this specific
		
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			it's a bit of a trick question because he's, he's also referring to the principle but but it's
dealing with a specific issue right? His spelling rules given a ruling on a particular issue. Okay,
so we talked about this last week, these are the four categories
		
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			of an issue here
		
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			so just to go over what we talked about last week, so we said there are we talking about and
metadata the rulings and we said that there are two types of rulings there is her contact LiFi and
her camaldoli Her contact LiFi is the defining law for commodities declaratory law who can tell me
what the difference between these two are
		
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			right
		
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			yes so welcome tech leaf is dealing with them okay lift the one who is
		
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			responsible for actions was dealing with it's defining the actions of the individual and hillclimb
Waldo it is concerned with what is it that brings the law into effect? What is it that makes a law
valid or invalid, a lawful filled or unfulfilled, right? So we said the finding lots of leafy, it
could be a job, I imagine an obligation this is something that one is obligated to do and punished
for not doing so. Now, the recommendation men do this is that which we are recommended to do, we are
rewarded if we do it, but we are not sinful if we do not do it,
		
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			to Hareem prohibition, that which is haram to do to him, which means that we are sinful if we do it,
and rewarded if we do not do it. And Corolla, offensive mcru means that we are rewarded if we
abandon it if we don't do it, and we are. But we are not punished if we did if we do it, we're not
sinful for you if we act upon it. And finally a bat which is that which is neutral, where you are
not rewarded, and you are not punished, either for doing it or not doing it.
		
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			And declaratory law, we talked about males who have been helped that which enacts the law, when we
said there is the law, the basis of the law, we talked about the setup of the law, the cause that
brings the law to affect the basis is the rationale of the law. So commerce is prohibited, because
intoxicates. So intoxication is the is the basis, the rationale of this law, if you were to remove
intoxication from the drink, the drink would become halal, because it no longer has the oil within
it. The sub is the cause that brings it into effect. So we said, the sun setting is a cause for
melted prayer to be an obligation. So that's the sub the shadow is the condition. So a condition of
		
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			doing something.
		
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			An example would be
		
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			you know, prayer Prayer is not valid unless you fulfill the condition of making law. Right. So the
condition of the action, and then then as the constraint the thing that prevents the law from coming
into effect, and we gave the example
		
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			somebody doesn't have enough money. So what was the cat is not wedge of upon them, right? So the
lack of money is a constraint against the law coming into effect. And then we said sir, and facades
that which is valid and void. So
		
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			something that is,
		
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			you know,
		
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			something that is completed, somebody prays their prayer, they face the clip that they make for
wudu, they're in a state of Florida, they pray the proper amount of records and everything is
correct. This is valid has it sorry, someone does not have all of these things into effect than it
is facet. And this is in relation to our A badda. But it's also in relation to our Muhammet. So
somebody gets married, and they have witnesses, and they have the Willie, and they've paid them off.
And all the conditions of marriage are, are there than the person has. Their marriage is so here,
it's valid. And if they're getting married, and there is no witnesses, and they don't tell anyone,
		
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			it's completely in secret, then it is facet, it is void. And then we spoke about Hola, Zima and a
Roxa. So the Azima is the ruling on its original basis. And Allah Zima is the concession for that
ruling. Right. And the easy example of this
		
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			His thoughts of law is for a cause this is the Xena, right for our cause further, if you're
traveling, you can make pisode. And you can pray to this is the this is the concession that's made
		
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			Yes.
		
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			Shalom.
		
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			Yeah, generally and the manner as well constrained, and the suburb so all those things when the
suburb is in effect, and the shadows are fulfilled and the man is not present, then it has achieved.
		
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			Okay, so this is where we stopped and then sha Allah, this is where we will continue. So we
categorized will job a certain way
		
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			just trying to find myself in my notes.
		
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			So, why Job is categorized in different ways. So, now we're back to hokum, tech leafy for a minute.
So one way it is categorized is being L, more I IN AND ELMO here. And why it means the specific and
in higher means the preference. So I'll give you an example. We just prayed nothing.
		
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			Can someone say I will either pray relative three records, or instead of praying method for three
records, I will feed the poor. And this will instead of you guys pray for the cows, and that will
take care of your wedges. I will go give some food to the poor and that will take care of my
wardrobe. Can someone do that? No. Why? Because lots of melanin is why it is specific. This is a
specific legend. Right? So you can't do that. But let me give you a different example. Somebody is
in Hajj
		
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			and had you they get some lice in their hair, or someone hit their head. And so now they have a scar
in their head. And it's bothering them a lot. Maybe the lace is really bothering them. So they want
to shave their hair. And as you know, you cannot shave your hair in a state of Iran until you're
ready to exit. So
		
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			the person says you know what, I'm going to shave it anyways.
		
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			What is the Tafara for this? Allah subhanaw taala says women can have income Marie Yvonne, I will be
other whoever amongst you is sick, or you have an ailment in your head. And you want to shave your
hair for affiliates woman cm and Hosoda putting on our sock. So he may he may pay a ransom of cm
fasting, they may fast three days, or they give charity or they offer a sacrifice. So here Allah
Subhana Allah is giving the wedge in its wedge and for him to do it's an obligation. Well, what's
the obligation? There's three choices for him to choose from. So he has Makai he's given the
preference, which one do you want to do? You have three options that should he has given you three
		
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			options.
		
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			Another example is somebody says, well, Allah He I will come to the school fifth class next week,
and then they didn't come. But they said well Allah He swore by Allah subhanaw taala. So now what's
the kuthodaw? Here? Allah subhanaw taala says for confero to a time when Messiah Keenum and also the
metro to Anguilla equal. Okay, so 200 alternativa. So Allah Subhana Allah says the expiation of this
is feeding 10 needy people from the average of that which you feed your own families, or clothing
them, or the freeing of a slave. So here are three options given for cathartically Amin three
options are given for expiating the oath.
		
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			So again, this is why Jim, Ohio, this is a preference. It's a whack job. It's an obligation, you
have to do it, but you're given a preference as to which one you will do.
		
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			The next categorization of logic is better to Waterlox in relation to time.
		
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			And there are two types.
		
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			There is almost locked and unlocked. There is the restricted and the unrestricted.
		
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			So there are wedgie bats in which there are no, there is no specific time related to it. For
example, the real worry then, being pious to our parents. Is there a specific time we have to be
pious to our parents? No, it's unrestricted, right? There is no like, at this particular time, you
must go do something good for your parents. No, it's just an unrestricted, but it's wajib isn't not
legit. It's not an obligation. It is an obligation.
		
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			So it's not connected to time. So this is what we call luck. Unrestricted because it's not
restricted to time. And then we have the wedgie bats in our city that are specific to time to work
to time.
		
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			And so
		
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			fasting Ramadan,
		
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			Now
		
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			the fast begins at the time before sunrise at the time of Fed until the time of McRib.
		
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			Can someone say I will fast from federal but I will end at Valhalla. And instead I will recite Quran
and that will be my fast you can do that, right. Why? Because this is rabada connected to a specific
time. And this is what we call mobile. Yeah, it is narrow. What do we mean by narrow? It is specific
to the specific time and wajib l mobile year. Right. So, it is specified to speak in at a very
specific time, and to end at a very specific time. Right. You can't nobody can say, You know what, I
get too hungry during the day. Look, we have to fast, what is it 15 hours, but I get too tired
during the day. So instead I'm going to begin my fast as McRib. And I will end my fast at Fudger.
		
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			Can someone do that? No, you cannot do that. Right? Because it's specific to this specific time
right. Now, how about slots?
		
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			slots? What is the time for though? When does the order come in? When does it when does it end?
		
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			Yes.
		
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			Right, so begins at Zool, which is when the sun is at the zenith at the the height and ends when the
shadow of a thing becomes equal to itself. Okay.
		
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			There is still a specific time, though there is a specific time, right. But the time is wide, is
vast. You can pray right at the Zool. Or you can pray right before the end of it when the shadow is
equal to itself. And it would be considered valid. Right? So there is a vast amount of time
		
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			in which the person can perform this event. And so it is still restricted because it's restricted to
time you can present whenever you want. But at the same time, there is some leeway in terms there is
some vastness in terms of when it can be done.
		
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			Okay,
		
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			the next categorizations
		
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			that evolve l McCallum
		
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			in relation to the one who is obligated. So everybody that are sorry, where do you bet something
that is legit, but it is
		
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			connected to
		
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			the person being obligated upon? So
		
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			can we say
		
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			other people prayed man could have already? Why do I have to go pray it? Already enough Muslims
prayed method, why do I have to pray it? Can somebody say that? Is that valid? No. Why? Because it
is a wajib ayeni. It is an individual watching. It is a wedge of on each person. Right?
		
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			Now let's see we're praying. And during our prayer, somebody has a thought toddler, a little kid.
And they go and they start putting their finger in the electric sockets while we're praying.
		
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			And one of the sisters sees him doing this. So she breaks her prayer. And she goes and she grabs the
kid and pulls them away from the electric socket.
		
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			What she did was that wedges.
		
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			Yes, she saved this person's life. Right? When she did was watching. Can she say fear Allah All you
Muslims? I was the only one who saved this boy. And nobody else did anything. All of you continue to
pray.
		
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			We would say no. Why? Because it was Wajid Keifa II, it was a communal watch. When one person did
it, it was enough for all of us. So we didn't the 100 of us didn't have to break our prayer at all
go help that kid, one person was enough. And that was enough for all of us.
		
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			Whereas praying in the market itself is part of the brain and that is obligatory upon everyone.
Another example, for instance is Janaza prayer. Some people in the community must do it. Right some
people have to pray Janessa if nobody praise Jeunesse, if a Muslim passes away, and nobody prays
Janessa than all of us are sinful. But if some people pray Janessa over him, then the obligation is
lifted upon the rest.
		
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			The next form is the antibiotic sila by the form of the obligation.
		
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			So what do we mean by this?
		
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			The principal is either 10 It means that which the NUS whenever we say NUS
		
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			It means the text and when we say that it means the Quran and Sunnah. Right? Just to make that clear
forever. So whatever the Quran and Sunnah has specified, it is considered wedge in Islam Allah 10
Word by the principle, what do we mean by that? Allah subhanaw taala says yet you're looking at me
with a fundamental Surah tuxedoed
		
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			Oh you who believe when you get up to pray, wash your faces and wash your arms until the elbows and
Allah gives us how to make wudu. Right and the Quran.
		
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			So this is Whadjuk correct.
		
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			And it is wajib. I saw that and it is larger by principle.
		
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			Now, let's say one of you the time for prayer comes, you go to the washroom, and there's the faucet,
and you put your hands under the faucet, no water comes out.
		
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			And you say,
		
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			what is the evidence? Allah said, I have to wash my face. Allah says I have to make water. What is
the evidence? I have to turn the top so that the water comes out?
		
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			Understand what I mean? What's the evidence? I have to turn the tap so water comes out.
		
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			So we say there is no evidence Correct? Allah didn't say anything about turning the tap. You know,
sometimes in
		
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			Muslim countries, sometimes they have to go up to like the roof and they pull the thing and then the
water starts coming down through all the faucets in the house and things like that. So there's a
what's the evidence have to go and do this? I don't have any water costs. And I thought maybe maybe
I'll just make 10 moments that
		
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			I because I just don't want to turn the faucet open. No, we say this is wajib elitism and it is
waged by necessity. It is Wajid by necessity.
		
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			And because of this, we have a rule. Nylon YouTube will
		
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			be here for who are watching.
		
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			Whichever that which the Whadjuk cannot be achieved without it. Then it is wajib itself. Let me give
you another example. You are let's say for example, you're in a room somewhere you're in a hotel
room.
		
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			And it's the time to pray. And it's a small hotel room. And there's a table in the room and you
can't pray
		
00:27:17 --> 00:27:44
			unless you can't make sujood unless you move the table to the side. And then you'll have enough
space to pray. Is it wajib to move the table to the side? Yes, because the words that they need in
the Quran and Sunnah was you don't need the lead in the Quran and Sunnah because it's worship, it is
on its Whadjuk by necessity, anything that the shouldn't when the Shediac commands you to do
something, it is also commanding you to do everything that is required for that thing to be achieved
so long as it's possible.
		
00:27:46 --> 00:27:48
			Right. Now, I want to make a distinction here.
		
00:27:49 --> 00:28:02
			And I'm worried as I make this distinction, I might confuse you. But Mel and you Tim will Whadjuk
Ellerbee he for who Awaji is very different from mal am you Tim will will job the philosophy
		
00:28:04 --> 00:28:04
			right?
		
00:28:07 --> 00:28:11
			That which the obligation is not necessitated unless without it is not watching.
		
00:28:12 --> 00:28:25
			Which is different from that which the obligation cannot be achieved. Without it then it is wedge of
in itself. What do I mean by that? So we gave the example before, let's say somebody doesn't have
any money.
		
00:28:26 --> 00:29:04
			So they don't have the nisab. So they can't pay the cat. They don't have the necessary amount of
money to be Whadjuk upon them to pay the cat. Can we go to the poor people and say to them, it's UK
law, federal law. Why aren't you paying your cat? He says I don't have any money. Why aren't you
going and working and getting the money to pay the cat? It's wedged up on you to go work and make
enough money to pay zakat. Can we say that? No, we can't. Right? We can't say that. Because the
obligation of Zika does not exist upon him to begin with. It's not an obligation for him to bring it
into existence. Understand.
		
00:29:06 --> 00:29:48
			Another example a sister maybe isn't her period she's in her menses can we say it's her fear Allah
take medication, to stop your period so that you can keep praying for your Allah? No, the obligation
does not exist upon her. There is no obligation upon her to bring the obligation into existence. And
this is different than what we're talking about. What we're talking about is the obligation exists
prayer, the obligation for you to pray, salts and McRib already exists. Now, you have to move the
table to make space right. So moving the table becomes a worship right. So that which is already an
obligation and cannot be achieved without it, then that thing is also watching. But when the
		
00:29:48 --> 00:29:54
			obligation is not present does not exist. It's not an obligation to bring it into existence.
		
00:29:59 --> 00:30:00
			So this is
		
00:30:00 --> 00:30:00
			Welcome Sherif Ali
		
00:30:04 --> 00:30:10
			and I have a bit of a problem here because it didn't load my notes fully.
		
00:30:11 --> 00:30:14
			I think the Wi Fi is not working to be honest
		
00:30:20 --> 00:30:22
			Yeah, if you could do that, that would be great.
		
00:30:25 --> 00:30:30
			But I can continue a little bit until we get this sorted. So we talked about now.
		
00:31:02 --> 00:31:02
			Okay
		
00:31:05 --> 00:31:05
			let's see.
		
00:31:07 --> 00:31:07
			Yep.
		
00:31:10 --> 00:31:16
			Make sure it's available offline. Perfect. Okay. Let's take some quiz questions in sha Allah.
		
00:31:18 --> 00:31:31
			If the sunsets the Muslim prayer becomes wajib is this content leafy or camaldoli? Who says it is
her content Leafy? Who says it is a commodity?
		
00:31:33 --> 00:31:43
			It's correct. It is Hurco wild already. So that's a method of why Jeeva praying salted amalgam is a
wedge is an obligation is this tech leafy or water? Who says tech Leafy?
		
00:31:45 --> 00:31:45
			Who says what?
		
00:31:47 --> 00:31:48
			It is technically? That's correct.
		
00:31:49 --> 00:31:50
			Okay.
		
00:31:51 --> 00:32:05
			As A Software Elijah was in federal fee Ramadan, travel is the basis the Allah for the
permissibility of eating during Ramadan. So now the question is eating is permissible for the
traveler. This is technique fee, or this is what Laurie?
		
00:32:07 --> 00:32:08
			Who says it's a creepy?
		
00:32:09 --> 00:32:10
			Who says it's watery?
		
00:32:11 --> 00:32:11
			Why
		
00:32:16 --> 00:32:17
			Why did everyone get this wrong?
		
00:32:19 --> 00:32:22
			Yes, but who is it? Who is it referring to?
		
00:32:23 --> 00:32:40
			The individual. So talking to cliffy this next question, traveling is the basis of the ruling of
civil war a little hook. Now is this technique here? Well, they this is why Okay. Understand the
first one it's talking about the traveler himself.
		
00:32:41 --> 00:32:44
			Right so becomes defined in law Okay.
		
00:32:46 --> 00:32:59
			Alarcon shortly will do will allege mental capacity as a condition for the obligation of Hajj is
this tech leafy or worldly? Who says it's the cliffie who says it was correct Why
		
00:33:00 --> 00:33:06
			would you will have the obligation of Hajj upon the person is this technique here what I use this
technique correct.
		
00:33:08 --> 00:33:10
			If you do this action you are sinful
		
00:33:11 --> 00:33:12
			Which one is this
		
00:33:16 --> 00:33:18
			to headin correct
		
00:33:20 --> 00:33:27
			if you do the act you are neither punished or rewarded for acting upon its is this obligatory
recommended or permissible
		
00:33:28 --> 00:33:31
			or prohibited or offensive?
		
00:33:32 --> 00:33:33
			It is permissible to do that
		
00:33:35 --> 00:33:40
			you are rewarded for acting upon it but you are not punished for abandoning it. Which one is this?
		
00:33:41 --> 00:33:43
			This this is the recommended
		
00:33:45 --> 00:33:51
			okay so often the US is this model you are Musa is narrower is vast,
		
00:33:53 --> 00:33:54
			vast, correct.
		
00:33:55 --> 00:34:07
			Allah's penalty innocence for videos from in cm and also the 14 owner so you may offer the ransom
the fasting or charity or sacrifice is this. Why in specified or muhajir? Preferential?
		
00:34:08 --> 00:34:19
			Preferential Correct. Saving someone who's drowning is this Heroku is this photo grainy or fourth
Kiva Kiva? Is it individual photo y job or is it communal? Watch it.
		
00:34:21 --> 00:34:24
			Can you know exactly. Okay.
		
00:34:26 --> 00:34:36
			So, we have spoken about the Maduro the ruling now it's time to speak about the delille the evidence
of what we are doing.
		
00:34:38 --> 00:34:39
			Insha Allah
		
00:34:44 --> 00:34:47
			the sources of Islamic law and Adela Sharia
		
00:34:48 --> 00:34:59
			are two types. There are the sources of law, which are agreed upon by all of the scholars,
particularly in our in our method.
		
00:35:00 --> 00:35:15
			And there are the ones that are disagreed upon. So what is agreed upon is the Quran is a source of
law. The Sunnah is a source of law, each man is a source of law, and the US is a source of law. So
this is agreed upon by
		
00:35:16 --> 00:35:18
			the scholars of
		
00:35:19 --> 00:35:23
			law by all the scholars. Now, of course, you're going to find the more artists EDA,
		
00:35:25 --> 00:35:37
			for instance, did not accept click Yes, of course, they're not for medicine. And there were the VA
hurry, who began the law he must have did not accept the Yes, but we say the Sahaba
		
00:35:38 --> 00:35:57
			as a GEMA, as consensus established the use of class they established the use of analogies. And once
the GMAT is established, it cannot be lifted. So whoever came after and said yes is not a source of
law. We can't consider that statement because there's already consensus. And the consensus came from
the Sahaba themselves.
		
00:35:58 --> 00:36:01
			The disagreed upon sources of law
		
00:36:03 --> 00:36:24
			we have met had a Sahabi. Now usually when they talk about this, they call it oh, well, it's so
heavy the statement of this hobby, but we're using the terminology Methodist Sahabi why? Because
hola Sahadi means the statement, but we want to mean their statement or their actions or their
consent. So the madhhab the way the school of the Sahadi
		
00:36:26 --> 00:36:38
			sure I'm in Atlanta is the previous scriptures. So what the Quran and the Sunnah tells us of the
previous Shetty as and what was permissible or what was forbidden
		
00:36:39 --> 00:36:56
			without it contradicting the Quran and similar to the established rules of our Sharia, is this a
source of law. So when Allah tells us that Prophet Yusuf did something, it was part of his Shediac
Prophet Musa did something part of his Shetty is that a source of love for us
		
00:36:57 --> 00:37:09
			this is different between scholars. The next one is a must have the honeymoon Sara the public
benefits. And this is the benefit that the Sharia did not come to establish or to negate
		
00:37:10 --> 00:37:13
			we'll talk about these in more detail Inshallah, in the future.
		
00:37:15 --> 00:37:19
			The next one is son, which is juristic preference.
		
00:37:21 --> 00:37:32
			Which technically means the abandonment of one legal ruling on an issue due to a specified legal
evidence for that issue through the Quran and Sunnah and consensus, which sounds like a lot.
		
00:37:34 --> 00:37:42
			We're going to deal with this in a lot more detail in the future. So we'll just, we'll just leave it
as that is the sap is the principle of continuity.
		
00:37:45 --> 00:37:56
			Which very simply, I can tell you that what this means is a philosopher shall write that the
principal and things is that it's permissible, or that
		
00:37:57 --> 00:38:12
			the principal is a person is innocent. Rather than being guilty, we assume their innocence first and
then we work from there. This is considered continuities Sabbe is something that the scholars used,
and we'll talk about each of these Inshallah, in detail.
		
00:38:15 --> 00:38:17
			Let's speak about the first inshallah.
		
00:38:18 --> 00:38:19
			Now,
		
00:38:21 --> 00:38:36
			please pay attention in this time for this particular slide. And if you have any questions, please
ask me. This is the one slide in the whole course where I felt, maybe I might confuse some people.
So I don't want to confuse anybody. Because anything that confuses you please.
		
00:38:37 --> 00:38:38
			Ask asked me a question.
		
00:38:39 --> 00:38:41
			In law school. In fact, in general,
		
00:38:42 --> 00:38:56
			every rule we state has its exceptions. Every single rule we talk about has its own exceptions. So
for instance, l m reactor deal with job, the commandment necessitates who obligation?
		
00:38:58 --> 00:39:00
			Are there exceptions to this? Yes, there are exceptions to it.
		
00:39:01 --> 00:39:07
			For instance, I'll give you an example. The Prophet said Oh, to rule your agonal Islam, or people of
Islam pre Witter.
		
00:39:09 --> 00:39:42
			In our method, which is not followed, it's not an obligation, even though the Prophet commanded is
right. Why, because they have other Adela. They have other evidences. For instance, the Hadith of
the Bedouin man who came to the Prophet salallahu Alaihe Salam. And he said to him, What is
obligated upon me and the Prophet sallallahu sallam said comma Salah wet for the army will later you
pray five prayers in the morning and in the night. He said, Is there anything more than this? The
Prophet said inland totowa except if only if you voluntarily do more. So the scholars will say this
is what it is considered.
		
00:39:44 --> 00:39:47
			Mr. hab right it's not manual, but it's not considered Weijun.
		
00:39:49 --> 00:39:59
			Why am I saying this when we say Al Quran Hoja. The Quran is a source of law. Are there exceptions?
Yes, there are exceptions. In every rule. There's exceptions.
		
00:40:00 --> 00:40:09
			For instance, one exception can be abrogation. pneus. Right. So can somebody look at the Quran and
say,
		
00:40:10 --> 00:40:41
			look, the Quran says, well as a chromosome I went to Sakara. Don't go to the prayer while you are
drunk. And he says, Look, I can infer the meaning from this idea that I can drink alcohol as long as
I don't get drunk at the time of prayer. Can someone say this? Say no. Why? Because that's a is when
Sue is abrogated the ruling of the as abrogated, right? That ruling of the AAA is no longer in
existence. So if a person were to use that as evidence, we'd say that's not a source of law, right
even though it's in the Quran.
		
00:40:42 --> 00:40:59
			Okay, so the Quran is a Hijjah Gotcha. Yeah, it is a definitive rule. But when we say the Quran,
what do we mean? Now I want to ask, Who here has heard of the clitoral ads of the recitations of the
Quran?
		
00:41:00 --> 00:41:05
			A few of you who's not heard of it before, there are different recitations of the Quran.
		
00:41:07 --> 00:41:38
			Don't feel shy if anybody feels like they don't want to confuse anyone. Everyone's heard of it
before. Okay, so that's good. hamdulillah so we know that there are 10 recitations of the Quran. If
you go on any website, and you want to listen to Quran, most of the Quran is recited and have
something awesome but you will find other Quran X, you will find the Quran of wash, you will find a
karate of even kefir you will find the Quran of Kowloon and you can listen to people reciting in
these recitations without going because if we were to talk about the slide and all of the intricate
details, we could spend
		
00:41:39 --> 00:42:21
			hours on this slide alone, right so I don't want to go too deep into it because we're only studying
it from an OCD perspective. The tenor clitoral ads that we have that are Motorola Tierra, what do we
mean by mutawatir? They are successive what do we mean by successive? It means a large group of
people narrated this to a large group of people to a large group of people to what we have. This is
the Quran that we have to live with today when we say I'm going to recite Quran. I'm going to listen
to Quran. I'm going to pick up the most half and read all of it is multilateral. All of it is
multilateral successive and that is project Kataria. It is a definitive evidence. However, we do
		
00:42:21 --> 00:42:26
			have Quran ads that are considered Shaddaa which are heard
		
00:42:29 --> 00:42:39
			what do we mean by this? There are some readings of the Quran recitations of the Quran that we have
that are authentic, but are not multilateral.
		
00:42:40 --> 00:42:46
			Such as the raw women Miss Rudra the Allahu Allah, such as the era of obey even capital the Allahu
Allah.
		
00:42:47 --> 00:42:53
			Now these are 100 meaning at some point in the chain, there's only one person narrating.
		
00:42:54 --> 00:42:54
			Okay.
		
00:42:56 --> 00:42:57
			But it's authentic.
		
00:42:59 --> 00:43:09
			So what is the ruling on this camera? This type of camera, we would say it is a projection Vania it
is a presumptive evidence.
		
00:43:10 --> 00:43:18
			Now, does everybody understand this? Is anybody confused? Anyway? I don't want anyone to leave
you're confused. Anyway, inshallah. Okay, go ahead.
		
00:43:22 --> 00:43:24
			Repeat which is for all of its.
		
00:43:26 --> 00:43:47
			So the clearer like when we talk about the Quran, and the different recitations of the Quran, you
sometimes you might go to a masjid, and during Ramadan, and they bring the chef from Libya, or they
bring a chef from Morocco. And you notice he's pronouncing things differently. The valorisation on
the words might be a little bit different, right? There can be subtle differences in meaning.
		
00:43:48 --> 00:43:54
			But all of what they're reciting is what's the Wazza all of what they are reciting is Quran
whatsoever. It is,
		
00:43:55 --> 00:44:07
			what we're calling successive it is transmitted to us by large groups of people from large groups of
people until it arrives to us, okay. But there are clear or at you will never hear anyone reciting
it. Right?
		
00:44:09 --> 00:44:31
			And the reason why people will not recite it, there's different reasons for it, but people will not
recite it, but we have it in our books, that some of the Sahaba used to recite certain verses in
certain ways. Sometimes this would mean there is an addition to a verse, or a subtraction from a
verse, or a different pronunciation, or a different tense of a verse. I'll give you an example.
		
00:44:32 --> 00:44:59
			Tabasco Colombian a zealot for con Allah Abdi Helia cornered and Isla Amina Vera, okay, we all know
this verse, is the first verse was sort of done for fun. One recitation to that okay, lady, we read
it as necessary evil for con. Right. One recitation is NZSL for con. One recitation is nestled for
con. All of it means the same He sent down and for fun the Scripture, but different form
		
00:45:00 --> 00:45:23
			Most of the same word, but there can also be addition or omission. So for instance, we recite it lil
al Amin Anna Vera, one of the recitations Lily Allah Amin al Jinnah will insanity Ra. Right to the
world. We read it as it is a warning to the world's one recitations. It is a warning to the world of
mankind and the jinn.
		
00:45:24 --> 00:45:28
			But all of this is Quran. We know the Hadith, when
		
00:45:30 --> 00:45:36
			Hakimi with the exam for the Allahu Anhu is reciting the Quran. Sorry, he shouted. Hakeem was
reciting the Quran.
		
00:45:37 --> 00:45:41
			And I'm going to photog here some reciting it. And he says you're reciting it wrong.
		
00:45:42 --> 00:46:16
			And he says, No, I heard this from the Prophet, I'm reciting it the right way. I'm gonna get angry,
he grabs him, drags and takes him back to the prophets of Allah is and then we tell them read what
you read to me to the Prophet. So you recite it to the Prophet. And the prophets of Allah and the
SLM says, How could that one's it like this, it was revealed, and he tells her Omar now recite it
your the way you understood it. So Omar recites it the way he heard it from the prophet, and the
Prophet says Hakka that one's in it, it was revealed like this as well. The Quran was revealed
according to the dialects of the Arab of the Arabs, these are called the out of the different
		
00:46:16 --> 00:46:20
			dialects of the Arab. And so the remnants of this is the little app that we have today.
		
00:46:21 --> 00:46:23
			But the Sahaba were very
		
00:46:24 --> 00:46:59
			particular about protecting the Quran. So they protected it in a certain way. And what we have is
the multilateral Quran, the Quran has been relayed from masses amounts of people to masses, amounts
of people to masses, amounts of people until it is here with us today, to the point that if we were
to get rid of every Quran on the face of this planet, we can reproduce it from our hearts, we can
write it down, there's enough people to do so. However, there are Sahaba, who were reciting the
Quran as they learned it from the Prophet salallahu alayhi salam, but it did not arrive to us as
much Awatea for different reasons, right.
		
00:47:01 --> 00:47:05
			Amongst them is that most men are the Allah who did not want people who are new to Islam.
		
00:47:06 --> 00:47:22
			non Arabs were getting confused by this issue. So he codified a lesson of the Quran a drawing of the
Quran is now we're getting into too many details. So the end result is we do have Quran that
evenness earlier recited, and then we miss Earth memorize directly from the Prophet sallallahu.
		
00:47:23 --> 00:47:46
			But somewhere in the chain of that Qur'an, there's only one person narrating. So it's not considered
automatic. And it's considered ahead. But it's still authentic, the narration is still authentic.
But what do we do with that Quran? Is it a source of law or not? We don't recite it in our prayers.
We don't teach it to our children, right.
		
00:47:48 --> 00:47:59
			But it's still in our books. It's still in the books of Hadith, it's still in all of our books. Is
it a source of law? Because sometimes the slight differences may make an impact on the law.
		
00:48:00 --> 00:48:11
			And so we say it is Hoja it isn't evidence, but it's her Jetson Vania it is a presumptive evidence,
it's not as strong as the evidence that comes from the Quran that is mutawatir now does everyone
understand
		
00:48:18 --> 00:48:22
			kind of accept all of the Quran we have is authentic. Right?
		
00:48:23 --> 00:48:24
			It's just
		
00:48:25 --> 00:48:28
			we have what's allotted and we have had
		
00:48:29 --> 00:48:30
			so many differences
		
00:48:33 --> 00:48:33
			the meaning
		
00:48:35 --> 00:48:55
			no, so, we consider the Quran to be multi form right. So, it has these different forms, but the
meanings are complementary, usually, they complement each other, but there can be differences in the
meaning that affect the law. And I will explain that inshallah some the examples will take inshallah
in a moment
		
00:48:58 --> 00:49:02
			that sums it up is that not different the rules will be
		
00:49:04 --> 00:49:09
			very different right. There can be there can be influences on
		
00:49:11 --> 00:49:11
			not only
		
00:49:13 --> 00:49:13
			guess
		
00:49:17 --> 00:49:18
			a simple example
		
00:49:21 --> 00:49:26
			why COVID versus Washington? Yes. Exactly. Right. And why
		
00:49:27 --> 00:49:33
			we watched from Washington to science is another because it's changing.
		
00:49:35 --> 00:49:40
			Because we were exhausted from the ruling, which is different from what
		
00:49:42 --> 00:49:45
			this is, this is an example here. I've prepared inshallah.
		
00:49:46 --> 00:49:47
			So
		
00:49:49 --> 00:49:59
			probably I came Hakeem al Hakim records in his mustard rock. On the authority of Obi Ibn capsule
they've encountered the companion the Prophet sallallahu alayhi wa sallam would recite
		
00:50:00 --> 00:50:34
			fevers familia myalgic for cin with Athletica yam in which a tabby x is the verse we just talked
about earlier. Right? That's whoever we talked about the the kuthodaw Right? The Allah gives us
options for the kuthodaw famend lineages whoever does not find these options for Siyam with Allah 30
am this is what we recite. He may 1 Three days and the recitation of obey Ibn carob he says
foreseeable fella 30 am in Matata the art that he can fast three days consecutively.
		
00:50:35 --> 00:50:37
			So he adds the word with a tabby heart.
		
00:50:39 --> 00:50:40
			So
		
00:50:41 --> 00:50:42
			this is an authentic hadith.
		
00:50:44 --> 00:50:48
			Everyone rushed and bidet and which stands he says in this question.
		
00:50:49 --> 00:50:57
			Imam Malik and Imam Shafi did not make it a condition that one is obligated to fast consecutively
and they regarded it as most to have
		
00:50:58 --> 00:51:00
			any member Hanifa considered a condition.
		
00:51:02 --> 00:51:30
			So what is the foundational principle that is relevant in this disagreement? This is an example of
how the different clock can affect the law. Right. But because it is a chef era, it is not who
Jetson Portaria. So this is why the Scholars disagree on using it. So here you have Imam Malik and
Imam Schaeffer eight, they didn't use it in this instance. Whereas remember, Hanifa did. Remember,
Khalifa says if you don't have those other options, you have to fast three days in a row.
		
00:51:31 --> 00:51:36
			Whereas in America, I'm chef I said is most the hub to fast three days in a row, but it's not
obligatory.
		
00:51:37 --> 00:52:08
			Now why is that the case? This is the quizzes are supposed to guess which one of these reasons it
is? Is it because the statement of the sahaba? What's the principle they're using? The question is
what is the principle they are using here? Is it that the statement of how this evidence is it the
uprightness of this harbor? It is the clitoral Elena Mattila the variant readings of the Quran, or
is it a rejection of the metaphoric interpretation of the Quran? Who says a who says Be who says
see? Guest
		
00:52:10 --> 00:52:11
			so that's the reason
		
00:52:12 --> 00:52:14
			okay, I do have another example as well.
		
00:52:15 --> 00:52:21
			So, the Clara that is Mottola Tierra, this is in relation to inheritance that we recite
		
00:52:22 --> 00:53:01
			when can original Nura Fukada Letson our Marathi weather who are who now often fall equally why the
minimum is pseudos that if a man leaves neither Ascendance nor descendants, but has a brother and a
sister, then for each one of them is a pseudo is the sixth day they will inherit a six week
settlement that thing can walk settlement dyadic functional capital flows and if they are more than
that, then they share a third. This is motor watch. This is what we recite. And the recitation of
Saturday WL comes from the Allahu Allah and he added now he's not adding from himself when you say
he added he's not adding from himself. He learned this from the Rasul Allah salAllahu Alaihe Salam,
		
00:53:01 --> 00:53:51
			right. Okay. So, but he added the phrase or the statement, Allahu Akbar and oak Thun, Minh Amin, if
he has a brother or a sister from a shared mother. So they have to be from the mother, their brother
and sister for them to inherit the six. And if they're more than that, then they share in a third.
Now, this recitation is a shadow recitation. It's an authentic hadith. This is an authentic hadith,
but the recitation is a chive, a variant reading and the various readings or disagreed upon yet none
of the scholars disagree. That when it comes to inheritance in this verse, it is referring to the
inheritance of siblings from the mother. What is the reason the scholars all agree
		
00:53:53 --> 00:53:56
			that this verse is speaking about the siblings from the mother?
		
00:54:01 --> 00:54:02
			The verse at the end of the surah which one?
		
00:54:09 --> 00:54:13
			No, so, you guys want to guess this one? Yes.
		
00:54:23 --> 00:54:38
			No, so the reason they use this verse, all of the scholars use this verse as evidence is because of
other evidences. So there is a GMAT of the Sahaba that this verse is referring to brothers and
sisters.