Usul al-Fiqh #03

Ibrahim Hindy


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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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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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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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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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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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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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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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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

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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.

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Right. Now, I want to make a distinction here.

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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

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That which the obligation is not necessitated unless without it is not watching.

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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.

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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.

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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

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obligation is not present does not exist. It's not an obligation to bring it into existence.

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So this is

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Welcome Sherif Ali

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and I have a bit of a problem here because it didn't load my notes fully.

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I think the Wi Fi is not working to be honest

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Yeah, if you could do that, that would be great.

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But I can continue a little bit until we get this sorted. So we talked about now.

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00:31:05--> 00:31:05

let's see.

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


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


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


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


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


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.

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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

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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.

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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.

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Amongst them is that most men are the Allah who did not want people who are new to Islam.

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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


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


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


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.