Usul al-Fiqh #05 part 1
Channel: Ibrahim Hindy
Series: Ibrahim Hindy - Usul al-Fiqh
File Size: 39.58MB
Episode Transcript ©
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Smilla hamdulillah spelt out hamdulillah Sato salam ala Rasulillah Johanna and he will be healed in order from the show he's already wasted in the embryo that images and you've probably probably
operasi to to Allah, Allah, when can we turn to go?
We turn to Him for forgiveness, which I know is gonna be some blessings upon his messenger Muhammad Sallallahu
Okay, so last week we stopped, I think on the slide, and we then complete all of it. So inshallah today we will complete
this slide on this. And the next slide inshallah on injure map.
And the plan in sha Allah is that next week will be the test.
And so today, we might begin into the relative inferences,
the lexical inferences, but we won't put that in the test. But we might just begin that that portion of the class inshallah
I want to ask everyone, before we begin, what is your feelings about the class? Is it harder than you were expecting it to be? Easier than you expected it to be?
Is there something you suggest in Charlotte to make it more stark help you understand everything that's, that's being taught or
put it out there and chop off? You guys have suggestions or thoughts?
or both. So I suggested some books at the beginning.
The two that I know are translated in English and waffle pods, that sorry, what a pot or joining. And then the other one was a little Sofia Anglophone, for me.
But like I said, each book is going to be different. So I want to quote is written by a chef and scholar. But because this is beginner level, so it's not going to be done which many differences, she doesn't even really mean he's teaching from a family perspective. So is is very, very close to what I'm teaching, maybe some small differences, but we're much closer. So the way I would suggest is if you purchase that book, you use that as a reference. So anytime there's something in the class, for instance, today we're talking about nesting, something you don't understand from the class, you go back to the book, open the chapter on this
bar arrangement, the way we're going is going to be a little bit different than the book. So we might cover something at the end of the book covers the beginning, vice versa, right.
But like leaves is fine, but at least a lot of
terms come up to remember. And I liked it.
So it's not like no
gone for a while. That is responsibility of us advice.
Which I don't like
So I liked that. Maybe I
I liked I liked it, I don't like it
I wouldn't say that I
would want you to be excited
because it's the consequence. It's just alternatively
you can get started and you can do that in a second but at first
an easy subject. It's not the easiest and the terminology is the most difficult part of the
question whether we are able to study it is to be very honest with the spelling and what about something like that
promise If I slow down too much, then instead of completing in 10 weeks or 12 weeks we're going to take 25 weeks
work like you said in the end like our like the intention in shop was nobody's going to come out of this class. I'm Mufti now I give advice but ideas inshallah we gain more knowledge we understand how fatwah the process for how offense was produced
Yeah, and we got inshallah motivation study more. That's the intention.
I like the the aspects of doing
bringing an example
that's the last thing
when you bring it right back
like understand that
okay, Inshallah, let's start so we ended last week let's go quickly over what we talked about last week we talked about this sooner. We said this another prophet Sallallahu Sallam is either colander fan or a Quran. It's either the statement you think the Prophet said, like in the month of in the statement of the Prophet, or it says action, the Prophet did such and such, or his consent, something happened in his presence. And he didn't object to it. He didn't say this is wrong.
And then we said, we have certain principles, depending on the type of sunnah, the type of act of the prophecy.
So we said there are some types of actions that are specific to Rasulullah sallallahu alayhi wa sallam, and that we have no part in them. Right So what's an example of this? Yes.
Nine ones prophets marry to nine lives. We don't participate in this right? So this is only for the Prophet, it's not for anyone else.
Either. Exactly, Salman we saw the continuous fastest only for the Prophet not for anyone else.
Then we said there are things he does that aren't divinity or ID these are customary actions or actions that are just part of being a human. And the principle in it is that it's permissible for here the Prophet did such and such. And it's it's a matter of customs, then the principle is it's permissible for us to do so. What's an example of Jimmy Lear it
Drinking we said the Prophet used to like to drink cold milk or cold sweetened milk. So this tells us it's permissible, but it's not so now we're not getting reward for drinking milkshakes. Basically. Then we said Diane either things the Prophet did that explain
the text so explain the Quran and Sunnah. So, this one, you know, for the example we gave, we're gonna remember sorry.
Exactly. So the Porter and tells us to establish prayer. The Prophet prays method with three lockouts. So this is b&e, and the principle of the ruling is dependent on the thing being explained. Right, so it's dependent so he's praying three rockhounds Multilib. We know nothing of this fuddled, therefore three locales as far as dependent on the text being explained. Then we said there are things the prophet does that are Abadi better rituals or worship, right acts of worship. So an example of this could be
yes, standing in the footsteps of the Prophet is given the way he's standing during it, and this is an activity that is getting closer to Allah. So what's the principle? The principle is obligatory, but there are some of the methods to say that it's recommended. And then finally, a product permissibility what was the example of this?
Eating the lizard, the dead lizard, particular lizard in the desert,
hunting what EADS would eat from it, I'm gonna flip up and eat from amaro the Allah and said, If you present it to me chicken, I would not eat it. If there was the that was there. There's so much he liked it a lot when the Prophet did not like to eat it. So they would eat in the presence of the Prophet he would not participate in eat, and they asked him how long he said, No. So I'm gonna do blah, blah, and said, the prophet would not eat the dead lizard.
But he did not prevent us from doing so. Right? He personally didn't like it. And this shows us permissibility because the Prophet didn't object. If it was haram, the prophet would have been the first person to object and say it's wrong.
Then we talked about the cover of the Hadith and narrations. We said they can either be motivated to where they can be a hottie Mottola tilde means who can remember. Yes.
Exactly. Multiple narrators, every chain of narration, we said its conditions is that the thing being narrated, narrated has to be something tangible. They saw the Prophet do something they heard the Prophet do something cetera, that it has met the layers, the conditions that in each layer, there's a sufficient amount of narrators. And that because of the amount of people narrating it, it's impossible that it is a fabrication that is what people towards it is and I had which we said is the majority of the Hadith, maybe 95 99% even have the Hadith or had. This is where somewhere in the chain, there might be one person so the chain might have hundreds of people narrating it but
somewhere in that chain, there's only one person. They said we say there's too tight
Next up ahead Hadith, they can be accepted or rejected. Rejected means it's fabricated. We don't accept it. And accepted means. You know, it's it's here it's
one of the
It depends. So
yeah, so you see, the the terminology here is a little bit vague, but all the layers of the chain meet the conditions because the scholars differ in what exactly becomes the multilateral. But usually most scholars will say, if there's one person in one place of the chain, then it becomes a habit, and not twice. But if there's more than one, then they will consider it was worth it. But there's differences of opinions.
Sorry, just one persona, yeah.
Working memory or no. So if there is a doubt about his memory, see, if there's one person in the chain that some point, one person during the length of the chain, there's one person, we say either the Hadith will be acceptable or either it will be rejected, why will it be acceptable, it will be acceptable if they are Muslim, if they are responsible, we can leave if they are accurate. So again, they don't have problems in their memorization, they don't lose memory. And if they are, either if they have upright they're good Muslims. So if they have those four conditions, then generally it's an acceptable for you.
If they don't have that condition, so for instance, they forget then it will be I had no will be rejected, because it didn't meet the conditions of being accepted.
So we went through all of that for the
Was right there
we touched all the other vitamins except that we're
Okay, so this is just a review of last week, and inshallah we'll begin. We kind of began in this last week as well. We will start from the beginning, and go through it.
So we said,
ness, the definition of it,
is the lifting of an Islamic ruling on the basis of an evidence of a lead to Islamic legal ruling. So if we were to ask the question, is there a situation where you have something in the Quran and Sunnah.
But the ruling of that verse or that hadith is not applied? We would say yes, because of this, right? So there could be an ad there could be a hadith, that hadith has a ruling and we say we don't take this ruling because it's been abrogated meaning there's another ruling that came after it, that took its place. Okay.
And so, one thing for us to understand is that when we say something is Minsu has been abrogated for the abrogation has taken place it means that another ruling has come in place of it
there's two points to understand here number one
that what replaces it is a specific nos shara, a specific
statement are addressed directly in the Quran and Sunnah. Right? Because you said certain rulings in Islam do not require Quran and simple, right? So for instance, everything is mobile, somebody comes and says, you know, there's a new toy, can I play with this toy? And assuming there's nothing wrong about the toy, we say yes. What's your evidence? All things are permissible unless proven impermissible, right. So there's nothing in the Quran and Sunnah that tells us that particular thing is hot, right? So some rulings are established without Quran and Sunnah. But for Ness, there must be Quran and Sunnah. Right? So the abrogation, what comes to abrogate what came before it must come
from the Quran and Sunnah. Secondly, it must come down to abrogate a previously established ruling. So if somebody says In the beginning of the SNAM there was no prayer, then prayer became watching.
Did that ruling is that necessary? No. Why is it not us?
It's not replacing a previous ruling. There was no ruling and then it came in. So that's not nice. When so this is if there's a ruling that's there that's established. Then another ruling comes and takes it
what's right? Yep?
No, because it was not an Irish study on our side yeah, there was no saw that until it became obligatory
only on the profits
but this is an example of nuts
I'd want to use as an example because I haven't seen that mentioned in the books. But they do use an example for the profit sliders and I'm not here to
pray third of the,
a third of the night or more. And then it's been so later on where you can pray less than that.
That's often used as an example. Okay, so that's what is next. Now, what are the conditions of nests? What are the conditions of abrogation?
So the first rule we mentioned is that the form
the form of the abrogating evidence must be stronger or equal. So the thing that is replacing the earlier thing, if we say this text is replacing the earlier text, this text has to be equal or stronger than what came before. So what do we mean by that? We mean, the Quran can abrogate a verse in the Quran can abrogate a verse in the Quran. Because these are equal strength. The form is equal. The Quran can abrogate the Sunnah, because the Quran is a stronger form than the sooner the sooner that can abrogate the sooner because they are equal. But the Sunnah cannot abrogate the Quran. Now, some of you may be read a book somewhere that says this and that can abrogate the Quran
Yes, so some scholars will say this, but our men have does not accept it. And in every issue in which they bring forward where they say, Look, this is an example that the Sunnah abrogated the Quran, the humbly scholars will
interpret that situation. They will say no, there's actually a verse in the Quran that does the abrogating. So one of the examples, for example, Atlas Palatinus says, will lead to 18 and fetishism and he said he confessed, especially if especially do it hidden out of art and minquan. For in Chengdu, fancy woman, we will try to have one note we are out of love with
this verse in the Quran. As to the women who commit Zina will commit the factory show that the evil sin, then call for witnesses from amongst yourselves, if they testify, then can find them in their homes until they die or Allah ordains a different way. So this is a ruling now established in the Quran
that the women who committed Zina if there are four witnesses against them, they are in house arrest. They don't leave their home until they die, or until Allah brings a different ruling. Is what the verse says.
Then there's a hadith that says Paja and Allah will alguna Serena and Vic Kubelik minutes agenda with a with a theme, meaning to gender, origin. So the prophets Allah says, Allah has given them away. There's a new rule basically, which is that the unmarried men and the unmarried women are to be washed 100 times and the married man in the married women are to be washed 100 times and stoned.
So now they'll say this is an example the Sunnah abrogated the Quran,
but the scholars of the humbly method will say no, they'll say what's abrogated the Quran was Zanni it was Zanni fecha de Luca, Luca de Mille
the verses of Quran the men and women who commit Zina were unmarried lashed them 100 times. So they say this verse is actually obligated the previous verse. So it wasn't the Sunnah that obligate the Quran, it was the Quran abrogate the plan. So the humbly scholars will find an interpretation of how or why the Sunnah never interpreted never abrogates the plan
now we talk about the Quran abrogating the Quran and there are three different types of abrogation that can take place. So this is another one of those situations where I say you know, pay attention if you have any questions make sure you ask me inshallah.
The first is nestucca Tilawat.
So this is it.
sila means the recitation, you recite something right?
The recitation has been abrogated. What does that mean? It means Allah revealed a verse, it's part of the Quran. Then Allah Subhana Allah commands that this verse is no longer recited. So it is basically removed from the Quran abrogated in its recitation, so we no longer recited. However, the ruling of that verse remains.
Okay, the ruling of the verse remains established.
And the example of this, we said was a verse there was a verse in the Quran, a che for Shaffer fecha de
It has an effigy movement, the married man and the married woman, if they commit Zina, then stone them.
This was a recipe this was recited in the Quran, then Allah commanded for it not to be recited. However, the ruling is established, the ruling was not removed, just the recitation was removed.
this particular ruling about stoning
the reason why I say I don't want to put this stuff on YouTube anyways, this ruling is established from this an honorable Capalbo the Allahu Allah said, and this is insanely funny, right? He says, in Allah sent the Prophet Muhammad Sallallahu Sallam with the truth, and revealed upon him of the Quran, and revealed upon in verses that we memorize, and we understood, and we implemented, and from them was I had to watch him was the AI of stoning. He's so the Prophet stone people. And we did so after him. And I'm afraid he says this, I am afraid there will come a time where people will say, we don't see this in the Quran, and they will stop doing so.
So we have this clearly and the heavy. Plus we have five different examples in the time of the prophets a little longer loosen them where they did perform stoning on people who committed Zina. So the hadith of matters are the old man who committed Zina went to the Prophet SAW loros and confess,
you know, kept going back to the Prophet until the Prophet SAW I said, I've agreed to do the punishment on him. And allow me the the woman in Medina who committed Zina went to the prophet, and she was pregnant, and the Prophet told her but way, so then she left until you have given birth, she gave birth, she came back, the Prophet said, Go away until you've
finished what nursing the baby nursing the baby. So she left for years came back. And she kept coming back until the Prophet send them agreed to perform the stoning on here. And then there's there's five different instances in the setup that we know
plus the Hadith online, and we work with the Russian Armada directionality.
So one of these evidences alone is enough of an evidence, in fact, or Omar said that hadith that I mentioned, almost said it on the member.
So we're going to talk about Jamal again, in a moment. He says on the member, everybody is listening to him. If somebody disagreed with me, they would have said we disagree with you. Nobody disagreed.
That establishes a Jamel establishes consensus.
So nobody has rejected this.
Except some of the whole adage a long time ago. And then obviously today's modern days people try to reject this, but in the past, they never did. So this is an example where the the recitation has been abrogated. We don't recite the verse anymore. But the ruling of the verse is still established. Okay. The second type is nestled on Heroku. We abrogate the ruling. Right? So we continue to recite the verse, but the ruling of the verse is no longer in effects.
And there are different examples of this are many examples. In fact, one of them is the one we just recited will lead to teen and fascism and Isa equal when the women do the factory show that he will send in there are four witnesses and they remain in their homes. This ruling was removed. Right? So we recite the verse, but the ruling no longer
is in effect.
Exactly. The famous one don't go to prayer while you are drunk. Right? Do we take the ruling of this because you can extract rulings from it that we're allowed to drink except during times of prayer, no, the ruling of it is removed.
And there are many, many other examples in this in this category as well.
The third one is one both has been removed. So we no longer recite the verse, and the ruling of the verse is not established anymore.
And the example here is there was a verse I show the other one and I mentioned that there was a verse that we used to recite that says, Joshua robot nomads you have that five definite rest feedings you
When they make the person Muharram so if a woman were to breastfeed a baby 10 specific times 10 definite feedings full feedings, that that baby would now she could not marry the baby, you'd be held on for her, right? You cannot marry her daughters, right? It would be the rulings of a Macron.
So she said this used to be recited. This was a verse we used to recite, then it was abrogated, and the ruling was abrogated as well. So what is the rule of windows with the ruling is
for this issue?
Sorry, I mean, the minimum, the minimum number
Yeah, it's five,
five, right. So, five, five definite full feedings, and then the child takes that state and then that's what I mentioned about Hadith, which is why we do Okay, so those are the three forms of nests
from the Quran.
Right. So the first is just the recitation is is removed from the Quran, but the ruling remains. The second is, the ruling is abrogated, but we continue to recite the verse. The third is both the verses removed and the ruling of the verse is removed.
Then the second category of nest is the poor and abrogates the Sunnah, something came in the Sunnah. And the Quran hint abrogated, who has an example of this famous example
Sorry, do you think
this will work?
I'm not sure.
Frame Janessa Yes, this is one. The more famous one thing is praying towards me to knock this Muslims are facing with this. And then Allah reveals in the Quran, who understood her cry turned towards Mr than haram. So the Quran abrogated a ruling established in the center
then the Sunnah can abrogate the Sunnah. There are many, many examples of this.
One of them the Prophet sallallahu Sallam used to say or said I used to prohibit you from visiting the graveyards. But now I permit you to go and now I encourage you to go now I tell you to visit them.
So not going to the grave was established by the Sunnah
the Prophet permitting us to go to the grave was established by the sooner so both rulings came through the sooner.
The second condition of pneus. So all of this that we talked about is posts.
We didn't talk about outbreak. So whereas we talked about the sooner abrogating The sooner, the same rules that the abrogating evidence has to be the form of aggregating evidence has to be stronger or equal. This comes into play with the Sunnah. So if there is a multilateral Hadith, it can only be abrogated by a multilateral
a mutawatir Hadith can abrogate and I had had.
And I had Hadith can abrogate and I had Hadith however, and I had Hadith can never abrogate what
a multilateral, because the multilateral is stronger than
the same principles apply here.
Okay, the second condition of notice is that there is an impossibility of combining or consolidating both evidences.
So we can't, every time we see two texts, we just decide, oh, there's this. No, we have to first see, can we combine both of these texts together?
So when example
somebody might come and say, look,
the Quran says Zania lasagna to fetch the dukkha, lower the minimum etc, that the Quran says the person who commit Zina men and women lashed them 100 times.
So they say, Look, this state might argue and they could argue this abrogates the idea of stoning.
Can they make this argument?
Because you can combine both of these. So we would say no, there's no none of that happened here. Because the word Zanny is I have its general and the word Watson. The one who is like basically one was married is specific. So we say this ruling to lash them is in general, and the ruling on the married person is specific. So we use
both buildings, we can combine them together, understand we can consolidate both. So there's no necessity to take place.
The third condition is that it is pertaining to a commandment or, or a prohibition.
Allah, Allah tells us the Quran the story of Prophet Yusuf Ali salaam, and that he was put in the well, and his brothers took him and he went to prison.
All the story you guys know the story?
kins can the Quran or the Sunnah, or anyone argue that this story was abrogated?
It's history. Right? It's how about it's telling us about an event. Right? So this cannot be abrogated.
The only things that can be abrogated is a command or a prohibition. So Allah is telling us to do something telling us not to do something. Right. It's like, for example, this is the reverse. But just as a means of an example. If I say sit down, can somebody say you're a liar?
Does it make sense to say you're a liar? If you tell somebody sit down? No. Because what I'm saying cannot carry the meaning of telling the truth or lying, right? I'm seeing a commandment, right?
But if I said, hey, something happened yesterday in such in such a place, and this happened in that happen. Could that be a lie? Yes, it could be a lie. Right.
So this is the reverse, though. But the idea is
the abrogation can only take place when there's a commandment prohibition and it cannot take place when it's mentioning
something that happened an event that took place right.
Sorry or believes things like that cannot take place it cannot be
cannot apply to that.
Okay, the fourth
category is that the abrogating evidence is chronologically later.
Right. So what is abrogating the previous ruling came after it.
So it must be something that came after it. How do we know what came after.
So there's four different ways we can know that the abrogating ruling came after. The first is through Jamal.
So I'll give you an example. The Prophet sallallahu wasallam said machete welcome. Federally do an ad federally do an ad federally do fit an ad sock to the province that if somebody drinks alcohol with them, lash though, if he does it again, largely he does it again lash them if he does it again now the fourth time through then kill him.
All scholars agree that the person who drinks alcohol is not to be killed.
There is a dramatic
right? So we know from Jamal, that this hadith has been abrogated. Why don't point to other Hadith, for instance, the hadith of
one of the men kept drinking and they kept bringing him to the masjid and whipping him and then he would drink again you bring into the desert. And somebody in the Hadith says, maximal main target how often this person brought to the brought in and lashed. So this person was being brought to the masjid many times more than four times many, many times. So they'll you know, say that hadith came after the earlier one. So how do we know that that this one came after the other one? Hmm, the consensus of the scholars establishes for us which one came after the first
That's true. So we have this evidence of the Sahaba never did it. Nobody before them did. So we know that through a dramatic through consensus that this ruling is not in effect. The second one is one the Scripture itself tells us it's explicitly mentioned in the Scripture. So the example we already mentioned, where the prophet said I used to prohibit you going to an apple I used to favorite you I'm going to the grapes. Now I permission. So that hadith itself tells us that used to be the ruling and now this is the ruling right?
The third possibility that will tell us that the evidence can chronologically later is the actions of the prophets. So if the prophet commanded something but didn't do it, himself, or he forbade something, but then did it himself
And we cannot reconcile it through any other means, then we will say, this must be the ruling that came after the previous ruling.
I don't have an example.
So if if the, for example, if the prophet commanded something, then he didn't do it himself.
So what the scholars will do is they'll say, Okay, is there another way to understand these two things? Is there another way to reconcile them? If there is no way to reconcile them, then we will say that this abrogated that
the Prophet doing something that we know that he did that even though we know that he's not doing something and commanded they're not doing obligate.
It could be but then we will need evidence.
If there's no evidence that we know the proper commanded something with any did it, or we know that he forbade something and then he didn't do it, and there's nothing to tell us which came before the other, we will assume the action of the Prophet salallahu Salam abrogated the statement of profit.
Know So there might be reconciliation. Another example is the prophet would urinate sitting down and would tell people to urinate sitting down. Then there's a Hadith of the Prophet sallallahu sallam was visited someone in their garden and he urinated standing up.
So they don't call that nest. They reconcilable and they understand it that when the Prophet told people to sit down while urinating, this was not wedge if this was was to happen. And the Prophet generally did this, just this one instance, he didn't do it.
So that they tried to reconcile if it's possible to reconcile that we can tell if they can't reconcile then they will last last resort is evil to mess something.
Then the final
possibility the statement of the narrator, so if the person narrating the Hadith tells us
this was permissible in the beginning of the stem, then the ruling came this, we will take the statement of the narrator.
Okay, quickly, we'll do some
quiz questions and then we'll get to the next slide and
so are actually a long line and said
reported that it was revealed in the program at 10. Clear sucklings like breastfeeding makes the marriage unlawful. This is the Iowa election right? I showed the How to happen. Then it was abrogated and substituted by five breastfeeding I copied and pasted this transaction
and Allah's Prophet so the lower it was sent him died. It was before that time found in the Quran previous to this was trying to look for and recycle. So she's a there used to be a verse saying 10 feedings that are definite, make the marriage unlawful. And then it was abrogated and it became five feedings and the problem is then passed away but before this, we used to recite this in the Quran, okay. So, is this NUS or is it not Nestle
has Nescafe complaints, yes or no? Yes. What is the method of us establishing the message here? Is it through Gmail or through nos scripture or through the statement of the narrator
statement of the narrator again the form of obligation is is this for an obligation for an or for an Abilene sinner is an obligation listen
for an abrogating
the Prophet sallallahu sallam said oh people are used to permit for you
the temporary marriage with women but Allah has forbidden and now until the day of judgment. So, whoever has any marriage contract this type of marriage the temporary marriage contract, he should let her off i and the contract and do not take back anything you have given to them as a man. So this is you guys know this issue the issue of marry a temporary contract. Is this yes or no? Yes. And what is our method of establishing this
through consensus or scripture or the statement from the narrator? Who scriptures statement of the prophets of Allah.
Okay, and what is the form of abrogation is this forehead abrogating Quran
is a put on abrogating the Sunnah,
sunnah, abrogating the Sunnah, so it was permissible in the Sunnah and then it became impermissible as long as
Final question on delivering our best with the low hanging said
the Prophet sallallahu Sallam left for Mecca during the Ramadan in the year of the conquest. And he fasted until he reached
for the kiddie and then he broke his fast and everyone did so as well.
And what what people used to do is, was act according to whatever the messenger of Allah Allah who had done most recently.
This abrogation yesterday
what was happening
the prophet would travel, was traveling until he reached the city of
Kadena and then he broke his fast
the proper format and everybody else did so as well. And the narrator says, people used to do whatever the prophet would do, and they would do whatever he did most recently.
Is this abrogation?
No, this was a trick question. It's kind of because there's nothing abrogated the process hadn't just took off. And the people were just doing whatever the Prophet did.
Quran and Sunnah.
Either either one or the other. So this was also a trick question, because you think this is a Hadith, right?
But who is telling us that it was obligated? Hi, Aisha, she's the narrator.
So wouldn't be scripture. It would be scripture if it's a statement of the Prophet, or if it's
trying to do this section, I think we've created eight now so
something happened to my notes