Usul al-Fiqh #07

Ibrahim Hindy

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Channel: Ibrahim Hindy

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The speakers discuss the importance of the "use" of words and the importance of practicing rules and avoiding bad behavior. They stress the importance of understanding language terminology and the use of "has been hijacked" in relation to "has been hijacked." They also discuss various rules and conditions for marriage, including consulting a woman before the wedding, finding a woman who is the only person who can hold a child, and using "helpful" forms of the title for a desired reason. They also touch on "will" and its meaning in various cultural context.

AI Generated Transcript ©


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Mr. hodda Rasool Allah Who are the ally he also be here, woman Wada, rubbish trochlea sundry with Sunni Emery wrap it up with Emily's any of her probably.

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So inshallah I thought a good place to start today

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would be to do a recap of the tests

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far grab your tests

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so Hamdulillah, everyone did really well,

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in my opinion. So even if you've got like a

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50 or 60, or something like that don't feel bad, like I think in trouble, everybody did good.

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Because really, it depends on how much you were exposed to this topic before this class. You know, some people maybe took a lot of courses, or I've taken her lectures on this topic before, and some people are very new. So everybody's going to be different starting points, so don't worry too much about it, about what the actual mark is. And yes, I was trying to make things difficult when it came to the questions on the job. So you're not imagining why those questions are hard?

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To make something a little bit difficult. So we'll go through these questions in sha Allah together.

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So the first question, what is the topic of a sort of flip? What is the overall topic of it? And the answer here is the lead the legal sources, most of you got this Sharla.

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Why is it not the other sources even though these are parts, like much tied this part of what we study in sort of film, but it's not the topic? The main topic is What are the legal sources and how do we extract from the legal sources? And if you have any rulings or not what we're studying here at all.

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Okay. A mammoth Scheffer is the first to use the term ill suited FIP and verbalize the principles of the solution. This is correct. Right. It doesn't mean that the concept of the swollen FIP was invented by him, but he's the first to use the term

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we said the position of a so have you must have the sahabi This is a Hoja Islamic law. So, what is the correct where do we put this in the four elements of Musudan FIP that we are studying, where does this fall into

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it as a source is it the lead okay worship is an act which is rewarded and abandoning it is if you abandon that you are punished this falls into which of these four categories

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and medulla This is a ruling right. So this is the types of rulings it is required that in which the head is knowledgeable of the evidence and the rulings. This concept would fall under which of these four categories the command necessitates or indicates obligation. This falls into which of these four categories

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Delilah, this is how we are inferring meaning, how do we infer what the meaning is of a hadith? If the hadith is a command or the a as a command, then it necessitates or indicates obligation, right? So this is how we're inferring meanings.

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If someone says, praying and Gemma is worship, is this a will solely question or a filthy question?

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This is a 50 question.

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If somebody says wedge of the concept of wedge IP, is what the Shetty eye has commanded? Is this and also the question or if the question

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it's an also the question we're talking about the Euro zone. Okay hadith of our prophets of Allah, who already will send them who says that the five prayers have been prescribed by Allah subhanaw taala. So whoever performs there will do and observe its proper time and, and perfect, its bowing and it's who Shula. He has a covenant with Allah to forgive him. And whoever does not do so he has no covenant. And if Allah wills, He will forgive him. And if Allah wills He will punish him. So which of these rulings does it fall under?

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Why did you promise to have done well, why? Because there is reward for doing so. But there's punishment for not doing so.

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Right? And obviously, not all of you know that this is legit, but just as an example, okay, the prophets of Allah Islam says whoever uses the stones to clean themselves is did mount let them use an odd number of stones. And whoever has done that has done well and whoever does not do so there is no harm. What is the ruling of using an odd numbered number of stones?

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Mr. hab because there's no punishment. He says if you don't do so, there's no harm in it. And this is the definition of what's to happen. Okay. He who falsely attributes his fatherhood to anyone besides the real father, knowing that he is not his father will be forbidden to enter Jannah What is this?

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Haram because there's punishment.

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Amalthea says we will

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prohibited from accompanying the funeral procession but we were not compelled we were not forced to do so. What is the ruling then?

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mcru Because they were told not to go but it was not they were not prevented from going if it was haram the prophesies and it would have prevented them from going

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okay. What is the ruling on women accompanying the sorry within the swan what is neither punished or rewarded for acting upon this is more back that's what's neutral. Okay if the sunsets melted it becomes wajib

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This is a statement and now we are inferring that the sunset is a setup it's a clause is this tech leafy her consecutive year how can Huawei

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How can Wildberry because we said tech levy concerns itself with the individual and while the AI is with the causes, reasons and conditions and things along those lines, so this is a cause of neglect becoming wider it is what I if the sunsets melted it becomes wedges. And if somebody says melted a prayer is wajib is to Gliffy or will they

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take leafy because it's dealing with the individual you as an individual after premium

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okay traveling as a basis for the permissibility of eating during Ramadan, eating is permissible for the traveler

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to leave here well they

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took leafy because the individual now the same question but we said traveling is the is the basis of this ruling.

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This will be wildly right the difference between what is defining the individual action versus what is the basis of the law.

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Mental Capacity is a condition for the obligation of hedge someone says mental capacities and obligation This is

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wildly if we say hedges an obligation This is tech leafy

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the correct form of logic whoever amongst you is ill or has an ailment

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should offer a ransom of fasting three days or charity or sacrifice this is why in or more hires

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will hire because you're given the option

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you're given the preference to choose what do you want to do fast give charity sacrifice

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okay Mohammed prayer is this mobilya or Musa? Is it a narrow constricting obligation or a vast obligation?

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Vast because you have some time to pray method of

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fasting during Ramadan from sunset to from Sonic before sunrise to sunset. Is this mobile yet or Musa?

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Mobile yet it is narrow, constricted, you can't say you can say I'm gonna wait 20 minutes after the event of motive and then pray no problem. Right? You don't have to pre exactly when the event enters, there's some time where you have some space to pray. So it is vast, whereas nobody can say I'm going to start my fast an hour earlier. And I'm going to end in my fast in our lead or anything like that. It is specific right? You can't change anything about it. So it is narrow.

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Saving a child's from putting their finger in the electric socket. Is this an individual obligation? Every individual must do so? Or is it a communal fun person? Does it it's enough for all of us. It is confetti communal, because one person is enough for us all. Praying salted Janessa is this irony or kefir? He is this every single Muslim has to pray Janessa when a person dies? Or is it key fatty that if some people do it, it's enough for all of us. Even if one person does actually it's enough for all of us. Keep fat it's enough for all of us.

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Okay, the types of rulings? The most beloved drink to the prophets of Allah, wherever you send them was the cold sweet drink. What does this indicate? Like a few people got this wrong? Is this something that Prophet did which was customary? Or was it his ritual as worship? Was it specific to him? Was it

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because this is a customary this? Is Addy originally, right?

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The Prophet used to fast continuous fasts. So many we saw

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in some of the companions began to copy him and do so as well. The Prophet said to them, What is wrong with the men who are fasting we saw you are not like me, meaning it's haram for them to do so. And only the prophet would do so. So what is this

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specific multiplicity? It's only for the prophets of Allah writers in

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the Hadith of the Prophet SAW Allah were sent when he would sit down and he would have his knees drawn up supported by his hands.

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This is also ID or turbidity. It's not any bad. It's not specific to him. He's not clarifying any form of a bad or any obligation from Allah

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He's not consenting to anything so it is customary.

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One of the wives of the prophets of Allah, where do you send them? So So there are the Illawarra, she gave her

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she gave up her turn to Aisha. So the Prophet supposed to spend the night with each of them, she gave up her turn to Aisha, and the Prophet used to then do so you would go and spend the day about a show with her, and also the day of so that he would spend with Aisha? What does this indicate to us?

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For our consents, right, something happened. And if it was haram, the prophet would have said this is haram. But he didn't say anything. He went with it. So we say it is.

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Now this one is complicated, but we did take it in class. So I know everybody, nobody got 100 Or one, maybe one person I think got three or three hours. Everybody else did it. But

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okay, so let's go through this.

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We say it's evidenced by scholars that if they steal, if the thief steals, his right hand should be cut off, not the left, because of the recitation of the minimis or wood that says serif or serif for a man or woman that the thief male or female cuts off the right hand. Now, we said what are the three Mussolini principles? And what I'm tripping you up on here is that not all of these statements are Udi principles. But all of these statements are solely foundational principles. Some of them are just statements. Okay? So

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the obligation of acting according to the Quran, this is not necessarily a principle.

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And I'm Dr. DeLuca, canal necessitates obligation. This is an also the principle

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the obligation force and had is not an authority principle. Maybe this question was mean, I feel bad now.

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Okay, this one, applying the luck over the Moca yet this is also the principle that applies here. The prohibition of stealing is not necessarily principle Yes.

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Over there

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have to overlook this? Maybe you're right, maybe I made a mistake here.

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And if so, I'll give everybody the mark then.

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Okay, prohibition of stealing is not

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is not a SUTI principle.

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There is no Nahai in this statement. So there is no refusal that applies here. Or GSL. Khurana Shalya Shaveh. The Quran the variance form of the Quran is a form of law. So these are the three

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that would be applied.

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Okay.

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Now we get into the areas where maybe people tripped up a little bit.

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The hadith, that the Prophet sallallahu alayhi wa sallam said I have forbidden from you the drinking of

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and the beetroot, which is a type of drink that they would have in the vessels that were made of leather, but now you see the leather vessels that they would make this type of drink that would sometimes become alcoholic, the prophets Allah whoever you send them forbade them from drinking from it. Now, he said you can drink from the vessel but you cannot drink anything that is a Hummer.

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Now we say is this abrogation?

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Yes. Because he was prohibiting them now he is permitting them.

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What is the method of the obligation here?

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It is scripture because the statement is the statement of whom

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Rasul allah sallallahu alayhi wa sallam okay.

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What is the form of obligation?

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It's an abrogating the Sunnah of the Prophet told them through the Sunnah he abrogated it through the Sunnah as well.

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Okay, I show the along when I reported.

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See, here's where we get into difficulties and people get tripped up on these questions. So the test got hard in this area. I understand. Okay, I shouldn't says that was revealed in the Quran that 10

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feedings make the marriage unlawful to the child between the child and the wet nurse. And then there was abrogated and it became five feedings

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make the marriage unlawful. And then of course that versus abrogated as well. Right. It's recitation was abrogated and it truly

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is this abrogation.

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Yes, obligations taking place. Okay. What is the method of us establishing that there is abrogation

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statement of the narrator because who's telling us this shall be a long line? Okay.

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What is the form of abrogation?

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No. It's called a an aggregating Quran because you said one verse came and another verse came. So these are two verses of the Quran abrogating one another.

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Okay, here's where I got maybe I got to mean.

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So two verses in the Quran

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about the idea for the widow.

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So one of them says that she waits for months and 10 days. And the other verse says One Year

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and Best says, the second verse, which says one year is abrogated by the first verse, which says four months and 10 days.

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Is this abrogation.

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Yes.

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Now, same question, how did we establish the

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abrogation?

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So here's where it's tricky because a lot of you are going to say you've been on best hold this this statement of the narrator. But we say no, because even if we've been our best didn't see anything.

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We would know that one verse applicated the other because these are two verses in the Quran.

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Understand, so it's actually the scripture that is telling us the Quran itself, it's telling us that one is obligating the other

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okay? And the form is the obligating the Quran. So this is a tricky one is tricky, because you're gonna read it and you're gonna think of it on best is the one telling us and so you're gonna wait to the end of the narrator. So if you wrote that, I understand where you're coming from, but the correct answer would have been scripture.

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Okay, consensus. The scholars disagreed over the ruling of the Wizard of prayer. Some said it is Whadjuk other said it is most of the Hab. If someone says which it is mcru Have they gone against each mouth?

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Was there a Jamar established?

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Yes, there was a generic established even though there's a disagreement,

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because the GMAT is built on their disagreement.

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Because all the scholars agree that it's either wedge of almost the hub, there is a GMAT and that it's either wedge or Brewmaster.

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And nobody can come with a third option. So the person who comes in says mcru, they have broken edge now, even though there's a disagreement, so we say it has been established. And what kind of consensus is it?

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Monica Vida have compounded upon a difference.

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Okay, next question.

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As though he saw that the issue of woowoo being required for those who ate cooked meat is abrogated.

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This is a passage from physical body.

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Mmm. Now we said there is a well known difference of opinion on this issue between the Sahaba and the tabby Erwin. And later on generations later, it became a consensus that there is no requirement to make will do if one has eaten cooked meat, with the exception of camel meat, because

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the embodiment of disagrees and considers the person needs to make although if they ate from the camera, okay.

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Was there consensus established here?

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Many of you said yes. And it's a tricky question, because you read the paragraph and it says there is a consensus.

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But one of the rules we set up consensus is

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that there has never been a previous disagreement. Because the Sahaba and the tabby Irwin disagree, there was a difference of opinion that preceded them. Even though in the future, people all agreed on one idea.

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That doesn't, you can't have a GMAT anymore. You understand? We gave the example like today, let's say 99% of scholars say that niqab is Mr. Hub, and not worship, and what's worship is the hijab, right? Imagine 100% of the scholars said this, but we know the Sahaba and the tabby Arun disagreed on this topic. Can we say there's a gem out? No, there's no edge now. Because there's a previous disagreement. As long as there's a previous disagreement, there can never be a drought. Right? So when he uses a Joomla here, by the way, one of the reasons I wanted to use this question, because sometimes students have knowledge. You take a class like this, you go start reading books. You read

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the scholar says there is a gem out on this issue. And he says look, there's a gem out.

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It's been hijacked. He's using the word Jamar, in a linguistic sense, not in a shorter essence. You understand?

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So people have to understand the difference students of knowledge, make mistakes in this issue.

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They don't understand when the scholar means that linguistically there's a practical consensus. But there's not a showery consensus, a shallow consensus can only exist when an issue comes. And all of the scholars who deal with that issue in that generation agree with it, then we establish a Jamaat, and nobody can disagree after them. But once there's a disagreement, if a new issue came, and the scholars of today disagreed, even if the scholars of the next generation all had one agreement, it doesn't matter, there is no shutter age now.

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Make sense?

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Okay, so there is no, it's not consensus is not established. Here. We said modern? Yes. Is that

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almost like it sounds as though he thinks that he doesn't mean there is an actual instrument or that nobody could? Based on our study? I nobody is allowed to disagree. Right.

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So this question says medical examinations before marriage, of course, this is a new issue in the past, there's no such thing as a family doctor that you go and do examinations at them. So is it permissible to do an examination before marriage? And the council's agree that there is a consensus that there is there is permissible is this huge amount?

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Now what kind of man is it's

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silent, because some of the scholars, the ones who attend these councils, they gave the fatwa

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and nobody disagreed with them.

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Nobody said anything against so there were people who didn't attend the conferences, and they didn't disagree. They didn't say anything. So we consider it silent. When some people explicitly say something, and the rest are silent. This is considered a silent assignment each man

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Okay.

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Let's go over quickly what we talked about last week.

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And

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inshallah hopefully cover some more ground in the law.

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So we talked about the different forms of inferences, how we infer things. And we said, there are four inferences in references in reference to the strength of the inference.

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And those four are the law and notice the textual inference.

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And this is when the Hadith or the AYA lie XML Allah not gonna lie.

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It does not possibly carry more than one meaning. There is no possibility of there being more than one meaning to it. We gave you the example, when Allah subhanaw taala says 10 cashola from Canada, when he says these are 10 days to be fasted. Nobody can read this verse and say, Maybe Allah means 12 days, he said 10 days, it can't mean 12 It can't mean nine it can mean anything other than 10. So, these are the issues where we say that it is delighted to notice right, there is no possibility of it meaning anything else.

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Okay, avoid is when there are more than one meaning and one meaning is more likely than the other meaning

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and well when is when there is more than one meaning and it is the meaning let is less likely. And he gave the example of wizard when the Prophet sallallahu alayhi wa sallam said I will tell you Yeah, halal Quran, pre Whitson or people of the Quran, the law here of that,

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which it is wajib and then we'll we'll have that hadith is wasted as Mr. hab

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right.

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And we said of course, we are taking like our method will take them out when the less likely meaning because of other evidences other Hadith.

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And the final one is in which minute is when you have more than one meaning, and neither one is more like the other.

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One is more or less than the other. So we don't take any of them. We just put it aside and we look for other meanings.

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Then we said

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there's other forms of categorizing our lexical inferences are that one of them is in Montauk and the other one is Alma home

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elemento is the explicit or the spoken and these are the inferences made within the spoken material. So within what is actually being said in the IR are in the Hadith

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and there are two types of Saudi and Allah Sadia sorry, the clear means the words that conform

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to the speech that is said and what is intended by the speech.

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Okay, so what is intended by the speech itself

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that the words that were being said were met

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And for the for the reason that we are inferring.

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Okay, so like we said,

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If I were to say

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we're teaching whistling

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and metadata Tawheed.

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If someone were to say, I infer from this that there is a masjid called daata Tawheed. That's later study. Because my intention was not the intention of my words, was not meant to explain that there exists msgid called auditor heat. What was the meat? What was the intention of my words? The purpose of my words,

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if there's a class, so if you were to say, I understand from his words that there is a class called the Student FIP, and things like will school and Muntu can perform and things are going to be taught like this, this would be considered sorry. So it's one talk, and it's Sunday. Right? Because my words, the purpose of my words were meant to deliver this meeting. Yes.

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So there are like four word choices, because it's almost like independent versus clear, but it really quickly is unclear it is.

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Yes, the terminology, the terminology. Like it sounds more like what is intended.

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I will look into whether there's other use terminologies for this.

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Like trips me up a lot, because we almost want to say that it is clear that this metric called our tendency thing, but again, that's not the intention.

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Yeah.

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Exactly. Implicit is one it's not in the words at all. We'll get to implicit later solidia unclear we said there's three categories. There is a Shara Delilah ishara telethon, left EDA and delighted ima.

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So ishara is that the inferences that we make based on words that have not been uttered for its sake. So again, if you were to say, there's a message called metadata to hate, based on my statement that there's a sort of fifth class happening that is a okay I infer that there is a message called metadata to read this is a shot, right? This is the alluded meaning.

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The letter to the dot and the.is, the required meaning. So when something is said, but there are missing words, because we do this in language all the time and language, sometimes we say things where we understand that the other person will understand what we mean even though we don't say every single word aloud. We do this all the time. If you think about the words that we say constantly.

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And so the example here we said in the metamodel the net actions are by their intentions, or actions are with their intentions. Can somebody read this hadith and say, if I follow the literal words, it would mean that there are no actions unless intentions are with them. And that doesn't make any sense, right? People do actions without intending things all the time. Animals do actions without intending things all the time children do actions without intending them all the time. What is meant by the statement of the Prophet is that there are no actions that are valid in our Shetty without the

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intention. So there is a missing piece of that statement. But that missing piece is required for the validity of the statement itself. So if the statement cannot be valid, either logically, or according to the Shediac, without a meaning that we understand it with that meaning is considered the key law that adds up to the law, and it's considered Saudi.

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Even though it's not spoken, it's considered sorry, it's considered mental sorry, considered mental. And the other example we gave

00:28:53--> 00:28:54

that Allah subhanaw taala says,

00:28:55--> 00:29:37

macadam in Cambodia iLab SF, very determined I am, whoever is sick, muddied, or suffered or they're traveling for any determined aim for the nation make up on other days. Does this mean that if you are traveling and you fast in Ramadan, you're traveling in Ramadan and you fast the whole day that you have to make it up on other days? No. So what is what is the meaning of this verse? It means if you're traveling and or you're fasting, and you broke your fast, then you must make it up on other days. So that end you broke your fast is not literally set in the verse, but it's a required understanding, we must understand it like that. It doesn't make sense unless you understand it like

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

that right.

00:29:38--> 00:29:40

And then finally, that it's an EMA

00:29:43--> 00:29:44

which is

00:29:46--> 00:29:51

when something is said, for the sake of it.

00:29:54--> 00:29:55

And to understand

00:29:57--> 00:29:59

I'm better friends here. Here's a better description.

00:30:00--> 00:30:19

description that is coupled with a ruling. If the description were not the basis of that ruling, it would make the wording in eloquent. So for instance, Allah subhanaw taala says ascetic was set equal to our ADL man, the thief, man and female cut off their hand. If somebody reads that verse and says,

00:30:20--> 00:30:58

you know, Allah says cut off the hand of the thief, but what he really means is cut off the hand of people who love the dunya because thief's love money, they love the dunya. So we cut off the hands of those who love the dunya we would say for us to understand the verse like that would be very eloquent. Why would Allah tell us cut off the hand of the thief but he means cut off the hand of those who love the dunya it's in eloquent, right? If somebody spoke like that, in real life, you'd be like this guy is something's wrong with his brain, right? He does his heart, he's not very smart. We have to understand the Quran and Sunnah with eloquence, right? So we cannot mean that it must

00:30:58--> 00:31:02

mean that Allah must mean the theft that they actually stole.

00:31:06--> 00:31:09

And we went through some examples last week, but we'll just

00:31:11--> 00:31:12

pass through them in sha Allah this week.

00:31:14--> 00:31:15

Okay, then I returned my phone.

00:31:16--> 00:31:22

So this is what the text implies, beyond what has been actually stated.

00:31:24--> 00:31:41

And this is true. Like I said, this is meant to come a form in general is true in every legal, every legal theory, whether we're talking about Islamic legal code, whether we're talking about Canadian legal code, British legal, legal code, Jewish legal code, all the legal methods will have a concept of nontoken reform.

00:31:43--> 00:32:12

And we said, there are two types of reform, there's no formal FFR and of whom and Maharlika. The formula mu alpha is when the ruling of the form is the same as the Montauk so what we imply is the same as what has been said, the ruling is the same. So the example we gave ALLAH SubhanA, Allah tells us about our parents, whatever color Hoonah have, don't say off to your parents.

00:32:13--> 00:32:14

So what has been said?

00:32:16--> 00:32:22

We cannot say off to our parents. So somebody says, Okay, I'm not gonna say off to my parents anymore. I'm just gonna say, ah,

00:32:24--> 00:32:27

and this is something else similar, but not actually. Is that permissible?

00:32:29--> 00:32:36

Say no. Why is it not permissible because of the form? And the form here would be in agreement?

00:32:37--> 00:32:38

With what has been said?

00:32:40--> 00:32:47

No, I feel Commons in agreement. Maharlika means opposite. We'd say it's an agreement, why is it an agreement?

00:32:53--> 00:33:13

They both will take the same ruling. Right, so saying off and saying oh, both of them are going to take the same ruling. They're both hot on right. And this is what we would call MUSAWAH. They are equal because of an O are the same thing. Right? So they're equal to each other.

00:33:14--> 00:33:24

Now, if somebody said and some people have said this, Allah has made it haram to say off to my parents, but he didn't make it haram for me to say the F word to them.

00:33:27--> 00:33:28

What would we say this person

00:33:31--> 00:33:32

is wrong, why are they wrong?

00:33:37--> 00:33:53

Because my phone will Africa and it will be called Allah we as a greater force of arguments. If Allah is making us haram then it stands to reason that what is worse than saying oath must be even more haram. So this is called the priority I will await

00:33:55--> 00:34:08

so this is my formal Africa, when the implicit is taking the same or the similar ruling as what has been said. So what has been said is Office haram and what it implies is the other things are also haram.

00:34:15--> 00:34:16

Yes, the URL is the same.

00:34:23--> 00:34:26

Then we have in the form Mahadeva.

00:34:29--> 00:34:41

And there are different categories of formal qualified, which is the form that is the opposite. We understand it from the opposite way, and its ruling is the opposite ruling.

00:34:43--> 00:34:54

The first we talked about his Hustle Hustle, and I mentioned last week, the stronger opinion probably is that the house is not my home, but it's actually mine too.

00:34:56--> 00:34:59

But some of the classical books, put it in the forms

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

That's why it's here.

00:35:03--> 00:35:04

What is in house?

00:35:05--> 00:35:06

It's when

00:35:08--> 00:35:13

the text limits what it's talking about to the exclusion of everything else.

00:35:15--> 00:35:23

And the way this happens in the Quran and the Sunnah is a couple of ways. The first is with the term in Nana in nema.

00:35:25--> 00:35:40

Do you want to write down in nema. So in a man will be near words indeed actions are by intentions in NEMA implies limitation, what do we mean by that exclusivity

00:35:42--> 00:35:45

word limitation exclusivity, why

00:35:46--> 00:35:56

this only actions that have intentions are valid to the exclusion of everything else. No other actions

00:35:57--> 00:36:00

are valid. Right. In NEMA UEFA.

00:36:02--> 00:36:23

Rohan sab Allah says in the Quran in Nana, those who are patients will get the reward without account meaning only those who are patient to the exclusion of everyone else will get this reward whenever in NEMA is used, it means these people and nobody other than these people this category nobody other than this category. This is in nama

00:36:24--> 00:36:29

the other we mentioned is when there are two they say when there's

00:36:32--> 00:36:52

an understanding where we derive a limitation between two parts or between two statements. So we said an example of somebody said is a is a Island say this a scholar that just means that they there's a scholar he has knowledge. But if somebody was asked for asks you know who is the scholar and he says they hold item, Zaid he is the scholar.

00:36:53--> 00:37:11

This implies not only that Sade is a scholar. But that he is the only scholar. Right? He is the scholar meaning there's no other scholar except St. Right. So between these two statements, we can understand that there is a limitation here there's a there's the only scholar to the exclusion of everyone else.

00:37:12--> 00:37:25

And example, in the Quran, in Allah who are reserved to COVID-19 Indeed Allah Hawa, he is a result in there is no other assets other than Allah subhanaw taala

00:37:27--> 00:37:27

right.

00:37:28--> 00:37:43

In that equally coalminer needs, what are you doing? Every nation has a read and these this is our either these are our, these two words, means these two are aids to the exclusion of all the other aids these are the only aids that are shuddering that are Islamic terror

00:37:45--> 00:37:45

acts of worship.

00:37:47--> 00:37:50

Okay, so that's the first category the second is Mfu Machamp.

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

Yes,

00:37:54--> 00:37:55

versus what's it called?

00:37:58--> 00:38:04

So it's like actual definition is when you derive a limitation between two statements.

00:38:07--> 00:38:08

I didn't write it down in Arabic sadly.

00:38:14--> 00:38:17

My phone was shot, I can send it to you inshallah later.

00:38:20--> 00:38:25

So the Prophet sallallahu alayhi wa sallam said, Isabella Halima, called attain Fela, Fela

00:38:27--> 00:38:33

maloca birth if water is two colors, then it cannot carry filth.

00:38:35--> 00:38:40

So, what does this imply to us? If the water does not

00:38:41--> 00:38:42

have two colors?

00:38:44--> 00:38:46

What is the form here?

00:38:47--> 00:38:54

If water has not reached two pillars, and the Prophet says when water reaches two colors, it cannot carry?

00:38:55--> 00:38:56

Filth no Jessa

00:38:58--> 00:39:10

we can understand that if it's less than two per less than it can be in adjust from this hadith. So this is what would be called in the form of shop where the prophet gives you a condition. Therefore what is not part of that condition

00:39:11--> 00:39:14

does not fall under the ruling. The Prophet says we'll take the opposite ruling.

00:39:17--> 00:39:18

The former cifre

00:39:19--> 00:39:24

is when we understand something something is implied by the attributes.

00:39:27--> 00:39:52

So when the Prophet sallallahu alayhi wa sallam says visa imitate Levana mazurka there is a cat for the sheep that is grazing. The sheep that go out and they graze in the eats food out in the field. There must be a cat paid on them. What does this tell us about the sheep that stay in the barn and they do not graze and that you bring them the food and feed them

00:39:56--> 00:39:57

opposite

00:39:58--> 00:39:59

right mahalo

00:40:00--> 00:40:21

But there is no as account on those ones. Usually those are the smaller sheet right? There is not ready to go out and eat. So the Prophet is saying those ones, you don't pay his account on them because well how do we understand this? Because he says the ones who are grazing, there is the cat upon them. So he gave us an attribute, an attribute of the sheep, the grazing sheep we pay is a calendar

00:40:26--> 00:40:27

it's like a condition.

00:40:28--> 00:40:32

But this is a CIFA. This is an attribute of the animal.

00:40:36--> 00:40:39

Sorry. Yeah, traitor.

00:40:48--> 00:40:52

Yeah, so this is this is a 15 question. Now I don't I can't get. I don't know.

00:40:54--> 00:41:09

Because, you know, the Prophet SAW and I'm speaking about his time. You know, the sheep that were older were going out to graze and the sheep that are younger are still in the barn, they're still feeding them themselves, right? So obviously cold countries is different. And we need to iron them out to give us a fatwa on how to apply it.

00:41:11--> 00:41:13

Okay, there's also a formula added.

00:41:14--> 00:41:31

So the Prophet sallallahu alayhi wa sallam says, The one who was traveling can do mess can wipe for three days. They can wipe on their turban, or they can wipe on their socks for three days. What does that tell us about the fourth day?

00:41:34--> 00:41:43

It's haram on the fourth day, right? It's not permissible on the fourth day. So we are we imply or we infer this is implied based on the number of the Prophet gave.

00:41:52--> 00:41:53

Another example

00:41:56--> 00:42:14

No, sorry, that's the correct example. The next one is in the form of Taksim by division, so when the Prophet divides things into two categories, and he mentions the ruling for one category, and he does not mention the ruling for the second, that second category takes the opposite ruling as the first.

00:42:17--> 00:42:30

So if the profit category gives us two categories, and he gives the ruling to one category, and he doesn't say any ruling about the second category, we will assume that the second category takes the opposite ruling.

00:42:31--> 00:42:48

So an example here the Prophet sallallahu alayhi wa sallam said, a fable will be enough see her, meanwhile, he will be crucial step more. He said the woman who was previously married, she has more of a right to herself than her body than her guardian.

00:42:49--> 00:42:51

And the one who is unmarried,

00:42:53--> 00:42:55

must be consulted should be consulted.

00:42:57--> 00:43:13

So here the prophet has categorized two categories the women who have been previously married, and the women who have never been married. And he tells us that the one who has previously been married, a hukou be enough see her, she has more of a right to herself, meaning that

00:43:14--> 00:43:16

she can marry herself without the wedding.

00:43:17--> 00:43:20

She can marry herself without her guardian.

00:43:21--> 00:43:24

But he does not tell us about the unmarried woman in this hadith.

00:43:25--> 00:43:39

He just tells us to consult her, but he doesn't tell us what the ruling is. Can she marry herself without her what he or not, is not said. So what do we do here? We assume as the opposite. So she must have her body in order to get married.

00:43:46--> 00:43:50

The next one is my formula, which is the goal or the aim?

00:43:52--> 00:44:07

So an example here the Allah subhanaw taala says, yeah, a young lady in Amman with a commoner sodality fellow Cebu DualCom ye ad COVID and maravilla Oh, you who believe when you rise to prayer, wash your faces and your forearms up to the elbow.

00:44:08--> 00:44:15

So Allah is telling us the Montauk is washed up to the elbow, right? What does it mean about past the elbow?

00:44:18--> 00:44:20

Is it obligatory to watch past our elbow?

00:44:21--> 00:44:41

No, because the goal, the aim of this area is it's aiming for the elbow, telling us to get to the elbow. And it's not telling us anything beyond that. So we understand that the rest of it will take the opposite ruling. You watch to the elbow, and it's obligatory to watch the elbow. It's not obligatory to watch pastor.

00:44:43--> 00:45:00

The final one is my former law club. Law Club is a title or a name. And this is the weakest of all the Faheem we've mentioned. And many of the modahaus do not take the form in lockup, or more accurately, they categorize it under other kinds.

00:45:00--> 00:45:24

categories, they don't take it as its own category, but I'll mention it anyways because it's in a different books. A laptop is a name or a title of something. So, water is a title. Dirt is a title. It's not necessarily an attribute or a description, but it's the name of a specific type, a genus, so a water, dirt, a person's name.

00:45:25--> 00:45:37

So when a ruling is given to this type, this name, this title, then infers the opposite ruling belongs to everything else. That is similar to it.

00:45:38--> 00:45:47

So the example here, the Prophet sallallahu alayhi wa sallam said, jewelry that sort of Botswana for who is an analogy the map?

00:45:48--> 00:45:51

The Prophet says the dirt of its meaning the dirt of the earth,

00:45:52--> 00:45:59

to rob of the Earth has been made pure for us. If we do not find water

00:46:00--> 00:46:05

what does that tell us about everything else on the earth? That is not to Rob That's not dirt

00:46:07--> 00:46:09

takes its impure takes the opposite ruling.

00:46:13--> 00:46:15

This is before Mahadeva.

00:46:18--> 00:46:23

Is not sure if it's not purifying, so it doesn't doesn't cause us to be pure.

00:46:26--> 00:46:32

Okay. Now, what are the conditions for us using the formidable Califa

00:46:34--> 00:46:36

fee reverse the divergent

00:46:37--> 00:46:38

implications.

00:46:40--> 00:46:42

We say there are five conditions.

00:46:44--> 00:47:00

The formidable hiding firm is an evidence and a source of inferring law but there are conditions for us to use. The first condition is that what is implicit is not of a greater priority or equal to the spoken ruling.

00:47:01--> 00:47:09

So like the example we gave before, Allah subhanaw taala forbade the statement of to your parents that took hula hula off.

00:47:12--> 00:47:23

And like we said, some person might say, Fine, Allah says it's off. It's haram to say off to your parents. We say the opposite is anything other than ofers Khaled. Someone might say this right?

00:47:24--> 00:47:31

We say no. Why? Because one of our conditions is that what is implicit is not of a greater priority or equal to the spoken ruling.

00:47:33--> 00:47:42

Meaning Allah said oath is haram. Therefore anything equal to oath, or worse than oath greater priority than oath must also be haram

00:47:44--> 00:47:49

and cursing, hitting etc has a greater priority than annoying them with oath.

00:47:51--> 00:47:53

The second condition

00:47:54--> 00:48:03

is that what is being implied is not outside of what has been commonly understood or what is commonly understood or broadly understood.

00:48:04--> 00:48:14

So what is an example here? Allah subhanaw taala says, What are the Ibu como Latifi for jewelry companies equal allottee difficult to be halal?

00:48:16--> 00:48:20

And haram upon you haram for you to marry. Are your stepdaughters?

00:48:22--> 00:48:26

A Latifi Hi, Judy come who are under your guardianship?

00:48:28--> 00:48:33

Who are of the wives that you have consummated the marriage with?

00:48:36--> 00:48:43

Okay, so when you read this verse, there is you may assume there is a few conditions.

00:48:45--> 00:48:56

Or two conditions really, that you have consummated the marriage with a woman. So her daughters become haram for you. And that's what Allah says, A Latifi her God come those who have been in your guardianship.

00:48:57--> 00:48:59

So now Can somebody say

00:49:01--> 00:49:44

if I married a woman, and I consummated the marriage with her, but let's say her daughter lived in a different country, so she never came to my house. I never took care of her. I never paid for her. I never anything like that. She was not technically under my guardianship. If I divorce her mother, can I marry her? No. Why? Because the scholars will say the statements of Allah Latifi for God come that have been under your guardianship. This is what is commonly understood. It's commonly understood that when you marry a woman, her daughters will be under your guardianship. This is a common broad understanding in society. So even if you married a woman and for some reason you never

00:49:44--> 00:49:54

her daughters were never under your guardianship. You never paid for them. You never took care of them. They never lived with you. It's still haram forever once you have consummated the marriage with the mother. It's their home forever. Right?

00:50:04--> 00:50:05

The third condition

00:50:06--> 00:50:15

is that it is not based on the statements of amplification or emphasis sometimes Allah subhanaw taala emphasizes things in the Quran and the Sunnah

00:50:17--> 00:50:19

for a desired reason,

00:50:20--> 00:50:26

and we talked about this a little bit last week, for instance, Allah subhanaw taala says, well, that's a pretty good Friday article, man. And then

00:50:28--> 00:50:37

Allah says, Do not compel the slave girls to prostitution, if they desire chastity. So some of the practices pre Islam, as we know,

00:50:38--> 00:50:43

in Arabia, some of the men who had slave girls, they would force the slave girls to,

00:50:45--> 00:50:53

into prostitution to make the money. So ALLAH forbids this. And Allah tells us Do not

00:50:54--> 00:51:23

force the slave girl into prostitution, while they want to be pure, they want to be chaste. They want to be pure. Now if you read this verse, can somebody say Okay, before Maha differ, It's haram for me to force them into prostitution, if they want to be pure. Therefore, if I have a slave girl that doesn't want to be pure, I can force her into prostitution. No. So why did Allah use this terminology in the Quran, Allah is bringing a scenario

00:51:24--> 00:52:08

which would affect your hearts. He's bringing you the worst case scenario. Imagine there is a slave girl who is a Muslim, Mina believes in Allah, she wants to be pure, she wants to be you know, to be chaste. And imagine her slave owners forcing her to go into prostitution, the disgusting right, every human being we feel disgusted with this. So, Allah is bringing us this example to emphasize that this is a haram and we should abandon all of it, this concept of prostitution, we should abandon all of it. So, we say this is a statement based on emphasis for amplification, Allah is emphasizing something right? And so, we do not apply in the formula file refer when Allah is

00:52:08--> 00:52:09

emphasizing something

00:52:14--> 00:52:15

was my spot

00:52:21--> 00:52:23

the next example is that

00:52:25--> 00:52:33

what is being mentioned is not based on an answer to a question or a specific circumstance.

00:52:37--> 00:52:38

So

00:52:40--> 00:52:43

a man came to our profits on the low end to send them and he said to him,

00:52:44--> 00:52:50

I phenethyl What will be, should we make wudu with the water of the ocean,

00:52:51--> 00:52:55

and the Prophet sallallahu alayhi wa sallam said, who was a poor

00:52:56--> 00:52:57

now who held

00:52:59--> 00:53:00

Mao who held on

00:53:01--> 00:53:02

and hello mate, it

00:53:03--> 00:53:11

worked the whole now method to it is at the hood, it is the pure or the purifying,

00:53:12--> 00:53:15

and it's dead is headed about the ocean.

00:53:17--> 00:53:22

So he says, Remember when we said when Allah subhanaw taala? Or when there's two statements that

00:53:23--> 00:53:44

we basically lost how the other says in Allah Horizont Allah He is a reserved means there's no other result other than Allah. So, here the Prophet says hola to whoever it is the pure or the purifying. Does that mean that no water is purifying other than the water of the ocean?

00:53:45--> 00:53:49

No, why because the Prophet is answering a question.

00:53:51--> 00:53:53

So, when there is an answering of the question,

00:53:54--> 00:53:57

then we do not apply house we do not apply limitation

00:53:58--> 00:54:02

because it will give us the formal Califa that doesn't apply. So, an example

00:54:03--> 00:54:10

if a sister asked Can a woman can a woman hold the most half when she does not have her will do

00:54:12--> 00:54:24

and if I said no women should not work should not cannot hold the must have when they do not have their will. Can somebody say Ibrahim said men can work can hold those have

00:54:25--> 00:54:26

without their will do?

00:54:28--> 00:54:29

You understand?

00:54:32--> 00:54:39

Okay, so if, if a sister asked, Can sisters hold the most half without will do.

00:54:40--> 00:54:47

So she asked the question. I respond to her question. I say no sisters cannot hold the most half when they are not in will do.

00:54:49--> 00:54:59

Does that mean I'm implying that men can hold those Huff without will do no. Because of answering the question. You understand? Because it's an answer to the question. We don't apply before.

00:55:00--> 00:55:14

more qualified. Otherwise if out of the blue, nobody asked me anything, and I just proclaimed women cannot hold the most half without will do, then it's fair to imply maybe Ibrahim means that men can write.

00:55:16--> 00:55:22

But when there is an answer to a question or a specific incident that we don't take in the form of the final condition is when

00:55:24--> 00:55:35

the Quran or the Sunnah is magnifying our blessings. So the example here, who Allah the Sahaba Kulu minhag Lachman Puri and

00:55:36--> 00:55:44

Allah is the One who subjected for you the sea, so that you may eat from its tender meat. Lachman theory and the tender meat of the sea.

00:55:46--> 00:55:48

Does this mean that if we took

00:55:50--> 00:55:52

fish and We dried it out

00:55:55--> 00:56:02

you know, some? What's the thing they do in Egypt for see if they dry down? Okay, so we dry out the fish.

00:56:03--> 00:56:08

And now it's not tender anymore. It's dry. Is that Halal to eat?

00:56:09--> 00:56:19

Yes, somebody might say in the form of Khalifa. The Quran says that Allah gave you the bar to eat the tender meats. Therefore the opposite. The dry meats must be haram.

00:56:21--> 00:56:44

We say No, Allah is mentioning the tender meats, vitamin foriegn, for what reason? To show us the blessings He has given us to magnify the blessings of the book. I gave you this amazing book. And the best of it is the tender meats, the tender fish that you eat, right? So it doesn't mean the opposite is haram for us. So when Allah when the statement is made to magnify the blessings we don't use in the form of Hadith.

00:56:47--> 00:56:49

Okay, let's do some

00:56:51--> 00:56:54

exercises, and then we'll stop and shut off for today.

00:56:55--> 00:57:04

And by the way, just in case I don't want to forget. Next week I'm traveling so I won't be here on Sunday. So we'll be off in Charlotte next Sunday. And then we'll resume Sunday afternoon Charlotte.

00:57:06--> 00:57:07

Okay, the correct inferences here.

00:57:09--> 00:57:16

This is a Hadith. The Prophet sallallahu alayhi wa sallam was asked about buying the fresh dates when using dry dates.

00:57:17--> 00:57:35

And so he asked those who are around him Will the fresh dates decrease in their volume and their weights or in their volume? When they dry out? They said yes. So he said Allahu alayhi salam forbade them from doing so. This is the Hadith. We say there I learned here the basis of the prohibition

00:57:36--> 00:57:48

is the character of the decreasing weight if it dries, meaning can we apply the same ruling to grapes drying into raisins or other foods that dry as well?

00:57:50--> 00:58:03

Is this implication Montauk or my phone? And if it is Montauk is it sadiya virus Surya and if it is later study which of these RNA so is a man talk on the phone

00:58:07--> 00:58:19

no referring to that highlight the basis of the prohibition being the character of the of the thing decreasing in weight if it drives

00:58:25--> 00:58:27

so we want to first

00:58:30--> 00:58:31

Montauk

00:58:34--> 00:58:36

or that would be life Saudi

00:58:38--> 00:58:41

and it would be considered ima an acknowledged meaning.

00:58:44--> 00:58:45

Why is it not Saudi?

00:58:50--> 00:59:01

He's not the prophets of Allah Islam does not is not seeing this specifically to tell us that the character of decreasing weight dries out.

00:59:03--> 00:59:05

He's speaking specifically about these fresh dates

00:59:14--> 00:59:16

the prophets of Allah wherever you send them said,

00:59:17--> 00:59:19

Sorry for something.

00:59:32--> 00:59:36

And then I was ima because she acknowledged meaning because Allah subhanaw taala.

00:59:42--> 00:59:47

Because the Prophet salallahu Alaihe Salam has paired the ruling

00:59:49--> 00:59:50

well with the

00:59:53--> 00:59:54

explanation

00:59:55--> 00:59:56

right.

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

So just like we said in the example set up

01:00:00--> 01:00:03

Posada factory idioma So, the idea of

01:00:04--> 01:00:10

cutting off the hand is because of their stealing. So here are the endless because of the drying out of the dates

01:00:14--> 01:00:22

okay actions are by the intentions This indicates the lack of validity of actions that do not have intentions if this man took from a form

01:00:25--> 01:00:25

to

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and it would be considered

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quite sorry and it would be considered a plea that we use this as our example, this is the required meaning we must infer this meaning into this word into these words

01:00:44--> 01:00:53

Okay, Allah subhanaw taala tells us in the Quran Hooray metallicum Omaha to come. Your mother's have been made haram upon you.

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The indicated meaning here that marrying one's mother is haram

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What is this man talk on the phone

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is it sorry?

01:01:09--> 01:01:12

No, it's not sorry. Yeah. Because the ASL

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mothers have been made haram does that mean speaking to her mother's haram or sitting with their mothers haram or being in the same room with her is haram? What does it mean? What is haram about it? It's not sorry, it's late.

01:01:24--> 01:01:36

It's late to study but we have to require logically it doesn't make any sense unless we understand what a shelter it doesn't make any sense unless we understand that what is meant by the idea is that it's haram to marry your mother

01:01:37--> 01:01:38

right

01:01:42--> 01:01:46

so it's one tool but it's the latest idea and this is the analysis

01:01:47--> 01:01:50

it is required meaning we have to imply this meaning into her

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Okay, hadith of our Prophet sallallahu alayhi wa sallam it is permissible for the Muslim to have or to abandon his brother beyond not it is not permissible for the Muslim to abandon his brother beyond three days. The inferred meaning is that it is not permissible to abandon your brother for more than three days. Is this month work or my phone

01:02:20--> 01:02:22

is a study I just saw your

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study

01:02:25--> 01:02:41

this is clear so the Prophet says not permissible to abandon your brother for a brother to abandon his brother for more than three days this is the Saudi right same Hadith but if we were to infer it is permissible to abandon him for less than three days

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is this going to chromosome

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much home because we're taking the opposite the opposite meaning is it more football or melodica?

01:02:55--> 01:02:56

Well highly factors the opposite ruling

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and based on what happened

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added the number gave us the number of three three days so less than three days principle.

01:03:10--> 01:03:10

Okay

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do you guys like the examples you guys want me to bring more and more examples? Yeah.

01:03:19--> 01:03:20

Okay, so

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I just will end here in the lab and then we'll come back from schulung Two weeks not next week the week after inshallah anyone have any questions?

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I know like I mentioned to you guys these are the these few weeks are the toughest weeks.

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Inshallah gets easier after

01:03:40--> 01:03:40

even though

01:03:42--> 01:03:46

I just second lockers kind of long. I'm taking shadow Allah Elance and safilo corner to really

01:03:47--> 01:03:48

live with