Usul al-Fiqh #10

Ibrahim Hindy


Channel: Ibrahim Hindy


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The transcript is a jumbled mix of words and phrases, making it difficult to summarize. The conversation appears to be a long process between multiple speakers, including Halal and Halal. The transcript is difficult to summarize as it appears to be a jumbled mix of sentences and symbols, but the speakers do a good job. The conversation is difficult to follow, but the speakers do a good job.

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Recently on the lock with the melissani of public holding. So first of all, I apologize situation.

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This miscommunication they didn't set up the room

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would have taken too long, I think set up over there. So just have to make do insha Allah this week and next week, hopefully we'll be back in Shaolin in the gym.

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This is probably our second last class. Next week, maybe will be a little longer, but then we'll complete everything.

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Yeah, we should be able to complete everything by next week, inshallah. It just might be a bit of a longer class, I didn't want to break it up into two smaller classes made more sense to me just make a longer one, inshallah. And then after that, I figured we'd give everybody a week off to study. And maybe the week after that one, we could do the tests inshallah.

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Yeah, so let's go over quickly what we talked about last week.

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The types of class, we said, there's two types of class, there's the s NFE, defatted. The analogy, the S means in analogy, we said the analogy by means of denying the differences or denying the difference between two things to begin with? And does anyone remember an example for this?

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Yeah, so I gave the example of like two pens that we see some tell somebody don't write with the black pen, and he brings out a red pen, it's the same thing, because you're telling the point of you telling him don't write with the red pen is not the redness of the pen, it's that you're telling them Don't be distracted. So what do they bring out a black pen or a blue pen or whatever, it doesn't make a difference. And the other examples, but that's a whole Lahoma of tones off to your parents. Somebody says, Okay, I'm gonna say to them, you say there is no difference in these two things, right. And the intent is not to disrespect your parents. So this would be an analogy, you'd

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say by analogy, is the same as off, because there's no difference between them Nephele fatter.

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And then the more common, of course, type of the S is the s on political agenda.

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Also known as the three Ps sila manifesto, the S manifesto, and this is in other modalities, the most common way of saying it. So PS Nephele fabric, denying the difference. And the s Malefor. Is yes with a difference. We know there's a difference between these two things, but we're still making an analogy between them. And the four types of the s, not aliphatic or an polyfil. Jana is Piazzola. So the analogy on the left, so we look at two things that have the same a law, right, so we have the example of hunger is haram. Because the lead legal basis of it being Haram is that intoxicated. So somebody comes with marijuana, as it was the ruling of this is a new thing to put it in, and soon it

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doesn't say anything about marijuana. We see yes, it doesn't say anything about it, but it has the intoxicating feature. And homebrew has made haram because of the intoxicating feature and this is the island come to being haram. Therefore both of them are haram by means of analogies. You make an analogy of it. There's class Adana, and this is very similar to the SLR Ella. The difference here is, it's called the analogy of indication. Rather than making the analogy based on the idea of something, being in something else, you're making an analogy based on evidence of the Isla being there.

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Which is, it might sound the same, but it's a little bit different. So if somebody said

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was the example we gave her, like alcohol

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contains a percentage of alcohol. Yeah.

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We don't know. intoxication.

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Exactly. So somebody said, you know, intoxication typically occurs over whatever 3% 2% alcohol and this is a new drink, and it has 2% or 5% alcohol, we say this new drink because how long because it has evidence that it has the Isla. So without us even drinking it, we say the evidence is there. And we make the analogy based on the evidence of the oil itself.

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The next play is a Shiva. The analogy of similarity. So we gave an example here of if somebody puts their voice into like a software and manipulates the voice of the person such that their sound their sound sounds exactly like a musical musical instrument. We say we know music is haram. We know the voice of a person is halal. Now we have this new thing, which the software produced. What is it? So we say is it more similar to the thing that is hot on the music or is it more similar to the thing that is highlighted which is the voice of the person

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If it sounds exactly like the musical instrument, then we say, My class is Shiva by the analogy of similarity. It is similar to what is haram. Therefore it's haram.

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And then the final is the SL x, which is the analogy of the opposite. And he gave the example of the hadith of our Prophet salallahu Alaihe Salam, when he told the people that if they were to be intimate with their wives, they will receive rewards. They said, Yeah, Rasul Allah, we are fulfilling our need, and we're going to be rewarded. He said, if you did it, and how long you would be punished. Therefore, if you were to fulfill your desires and halaal, you would be rewarded. Right? So this is the class of the opposite. If this is sinful, and gets to you, allows you to earn sins, then its opposite must allow you to earn rewards, right?

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We gave some examples last week, so we can go through them quickly as well in sha Allah.

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So Naboth was a drink

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that was existed in the early times of Islam, this type of fermented drink. So somebody says we make the yes of Navid with haram would come because both of them intoxicated. What kind of analogy are they making?

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Is it Nephele Farah? Are they denying the difference is that the SLR Illa is analogy that both of them have the same Allah is the SS Shebaa. The both of them are similar. Is that the s of the opposite? Or the the s of indication?

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All right.

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We asked a very love basis yet, because this one the I love come, the basis of comp is intoxicating. So we say the Navid intoxicates, therefore they're both caught off.

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Yeah, at some point I'm like

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Asus etc. At some point just gonna call it a lot because it comes up so often. We're going to talk about it right now. In a bit. The PSF seeing up with off to our parents. Which one is this

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Now feel fat. If we're saying there's no difference between them. They're basically the same thing.

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The first one a net feel fat.

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So now somebody says okay, we want to make the s analogy of beer with comma. Based on the fact that they both contain alcohol. This is different than this question that they're both intoxicants from A to B, they both contain alcohol. Which type of classes is this? similarity? No, sorry, not similarity.

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indication. Right? If we said we're making glass of beer with him, because both of them are intoxicants. It would be classic thriller, because they are less intoxication. What is alcohol? In this case? It's an evidence of that a law is an indication of the law which is intoxicating, right? Like it's almost like splitting hairs between the acid Island vs.

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placid Delilah. So this is the acid that the analogy of indication

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that the ask that the Hadith that is forbidden for a man to make some sort of Hadith the Prophet has said that is haram for a man to stand up to make someone else stand up. Like if you enter a room and people are sitting and you say stand up and he gets up and then you sit in the spot. The province of this haram people would do this out of arrogance, right. So now obviously, we said we want to make Ps that this Hadith also applies to women. So if a woman were to do this, tell another woman stand up and sit in her spot. But it is also haram. What kind of the SS this

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Nephele fad that we're seeing in this case, there's no difference between men and women. Right? And what the prophet is talking about the differences between men and women, obviously there are differences between men and women. But we're saying in this scenario, the differences that men and women have does not impact what the prophet is teaching. So there's no impactful difference.

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No, this is different.

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Okay, so we talked about the pillars of class. I won't go through this too much detail we already did last week. We said the four pillars are the hustle. The Hustle is the original case. So you have an original case in our in our example, the original cases, Hummer, right Hummer. What's the ruling of Tehran? Right What would be the fatwa here would be marijuana, cannabis. What would be the Rila? That intoxicates right. So you need these four principles and we talked about, you know the conditions of each of them.

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We'll go quickly through this inshallah. Okay, so now, today we're going to talk about the letter itself.

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So when you talk about PS, we're talking about the ALA, the L is one of the pillars of it.

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But we want to talk about the oil itself. Because if you're going to make PS, you're using Isla, right? The oil as the lead the basis of it.

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Now, how do we extract the Isla? If Allah has told us something as Halal something as haram? How do we know what the reason is? That is for it?

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So we'll speak about this in a little bit of detail. Inshallah.

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We already said last week, there are things of which there is no Allah. Right? There are types of

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commandments from Allah subhanaw taala, that has no idea. What is an example of that?

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Are you bad, right? We say there's types of certain types of not every type of very bad that by the way. So there are actions that scholars say there's two types of actions. There is the actions that is to Aberdeen, that is ritualistic. Where you cannot extract a law. So for instance, we just prayed for archives of Saudi Arabia. Why is it for why isn't it five? Why isn't it three? Why is method three and not two? There's no possibility of extracting a lot from it. Right? And so these are things that are to everybody. We don't even, there's no, there's no possible way of rationalizing the reason of it. Right? Why do we make fall off seven times? Why not? Eight, one at nine? Why not?

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Three? There's no way of extracting that reason. Right? So this is called a five tag booty, then there's a five to actually which are the types of commandments that we can understand. We can rationalize it. Right. So we mentioned the example The Prophet said, lay active all the will will have done that no judge should issue judgment while he is angry. Right. So clearly, what is the what is the reason of the prohibition? Here?

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Exactly. So the anger, the intense anger, clouds are a judgment when we're angry. And that makes us unable to make a fair judgement. So it's very easy to extract the islands, right. Okay, so now we're talking about where we can extract that Allah?

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How can it be extracted?

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Right, what makes the I left for a broken? And what is the scholarly way to claim that something is a lead to begin with? Because one of the unscholarly things that happen is that people will claim I learned for all sorts of things without evidence and without knowledge.

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Okay, so there are three types are three paths to extract the URL, the first is through in Gmail, right? So if all the scholars agree, the URL of x, y, and Zed is something, then let's say that's the idea. We already talked about. Before why it's, it's binding on everyone.

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The next is a nurse, which is the Scripture meaning the Quran and the Sunnah. And the final ways is symbolized, which is deduction, we deduce the Rila from it. So in the nurse, there are also three types there's a Saudi

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should not see separate, it should say

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fix it right now.

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The explicit or the clear.

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And so we're saying that these are the scenarios where there's no possibility the URL is there, there's no possibility for there being anything else. And the law here, which did not see an allergy corrected these but I guess it didn't save

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which is the apparent

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I spelt that

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the law head is where there are multiple possibilities, but one of them is more likely than the rest and EMA and 10 B is where we know what the law is by indication by some type of indication or acknowledgement. Okay, so the sadiya can only be for this reason, when we say that there is a law in the NUS that is sadiya meaning it is only this it cannot be anything other than this. So how do we know what those things are?

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How can we tell when the law is sorry, we save there are different ways of knowing. The first is min edging. Now all of these been edited in k

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basically mean because if we were translated into English, it would mean because or something like that. But this is the Arabic terminology and this is why there's no real translation for me to put here to differentiate between them, but also why I keep telling you like to really master the Soldier Field we have to learn Arabic right the end of the day, because you have to understand the air

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Arabic language. So imagine. So the Prophet sallallahu alayhi salam said either control that earthtone Fidel Yuna Jeff Nene don't allow her have that authority will be nurse Minh agilely undereducated because no. So the Prophet said if you are two people, sorry if you are three people, let not two of you speak in private

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amongst the third person until there are more people, right? Why? He said, mean agilely that it because this would cause him to be sad, right? So, if there's two people and three people and two of them start talking privately and they leave the third person just by themselves, obviously, it's very awkward. So but the Prophet says in the Hadith Min edgin Because of this was considered Saudi very clear that the ruling here the reason of this ruling, is the sadness, it's going to bring the third person

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Okay, the next one is k k also basically means because

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K Hakuna do let them be in an agonia iminco Allah subhanaw taala says that, you know, to give him a cat basic basically that the money does not become rotating between the rich people alone. That's why we give one of the reasons why we give us a cut. So okay, here means this is there a lot this is one of the reasons of it.

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There's also inner and inner fear in

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for inner is more emphatic than inner. But both of them are basically telling us the same thing, which is that

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which is that this is the reason so if somebody said kiss the hand of your father, for in Nevada, for this is the reason that we'll call it give him respect. So for inna here would mean like this is the reason why he's telling you to kiss them, right.

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Then we have

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Elma ferrule Willie agilely

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and these are the things that are done for its sake, for the sake of that thing.

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So it's a verb with a reason

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somebody said now if they didn't say fit in, or in or they said kiss the hand of your father to respect him or kiss the hand of your father, it is respectful

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so here's a verb and there's a reason even though they didn't use min edge and they didn't use K and they didn't use for in his myth earlier the edge at Stanford sake

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Okay next we have a voyeur and the law had means we talked about law before in other areas of law school does not mean analogy.

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Like that, it means the appearance and we are saying that

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here's a scenario where there are possible possibilities of what there is, but one of them is more likely than the other. And how does this show up by the left the letter lamb or the letter bat

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so if somebody said that to Ken limbs immediate Lee tend to be feeders don't call don't speak to your classmates. So that leaves Entebbe that you may pay attention in the class the lamb here this the scholars of language say look, the lamb can mean different things in language it can mean ownership to League, it can mean other things, but the overwhelming reason is cause right so that they are saying don't speak to your friend classmate so that because you can pay attention in class so then they're just going in and out constantly.

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the second with the bat is the same thing for the man up to the hem mythical law now, I was proud dialysis for beema

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beema Nickleby him, they broke me Safa their covenant land now when we curse them Febby man the bat here, what is it indicating? Cause because because of what that Allah curse them.

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Knock will be him effect when they broke their covenant.

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So EMA and 10 B can show up in different ways. The first is the letter fat.

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The mountain can be sign or acknowledgement or indication, acknowledgement. This is when you have an act coupled with a verb

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where if we don't draw the conclusion that these two are connected by Allah, it would make the statements not

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eloquent would make the statement kind of incoherent right?

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And the Quran and Sunnah is always understood as being eloquent.

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We always understand it as eloquent. So the first example here is the letter fat.

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So, this is applied whether the fat is set by the narrator the sahabi or by the legislator, the profit slice and then we're Alaris origin. So an example Hadid Zaha Rasulullah sallallahu alayhi wasallam first Sajid, the prophet forgot something in his prayer sahaya Asuna la festa J agent, so fair here he made sujood Why did the Prophet make sujood?

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Because he forgot something. So because he forgot he makes me good, right. So, even though the narrator does not say because of it, forgot something he made sujood

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he doesn't directly say this. The fact here is an indication it's a sign that this is the reason sell rasool Allah fest surging. So the letter fat tells us this right? Same thing

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Rasul Allah so Allah wherever you are cinema, or if at all, but the Prophet SAW Allah at least and then vomited. fatawa fer made will do. What is the fat telling us here? He made will do for what reason? Because he vomited. So meaning that vomit breaks one's will.

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Okay, the second way or sign or indication of a law is what we call see letter Jezza. The form of reward. So

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when you have a reward coupled with an action for me, I'm in misco rotten, how euro euro? Whoever does a mustard weight of good? shall see it? Why is he going to see it?

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And who's going to who's going to see the good?

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Who's gonna see the good

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person? The person who does the good?

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Why isn't why is he going to see it?

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Because he did something good.

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So again, it does not realize the verse does not say because this person does something good.

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He's gonna see the reward.

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Right? But we make that connection. If we don't make that connection, then it's kind of incoherent. Right.

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The next is if they're on a hook, and we also want acid, the coupling of the ruling with an appropriate description. So the prophets of Allah Islam says the judge should not judge while he is angry.

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What's the basis for this judgment being haram says anger.

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And here's an appropriate description, the anger with the prohibition? Right, the right next to each of the ruling of prohibition with the description of anger. So they're coupled together, we have to understand that the anger is the real law of that ruling.

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The clear signal

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the response to a question, with inclusion or description, what do we mean by this? Man came to the Prophet sallallahu alayhi wa sallam. And he said I had relations with my wife while I was fasting. The Prophet sallallahu alayhi wa sallam told him free a slave.

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Because it's a response to a question.

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Without the Prophet sola lorrison, and Robert didn't explicitly say, freeing a slave is an explanation for the sin of being intimate with your wife while you are

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fasting for the intimacy here means complete intimacy.

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Making sure everybody understands that.

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The Prophet doesn't say that explicitly. But he is responding to a description. He does receive responding to what the man has described, right? And so the response is enough for us to understand this is the Allah here.

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Okay, finally, the removal of a benefit if we don't understand the description as part of the law.

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So a man came to the Prophet salallahu Alaihe Salam. And he said, I took a vow to Allah, I took a vow that I would slaughter a camel at a place called Bolena.

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And the Prophet sallallahu. At the end, he came to the salam. And he said,

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shouldn't What should I do? Basically, I took this file. The Prophet said, does that place have any idols? If you have old fans, are there any idols there? The men said no. The Prophet said in times of Jamelia did they have

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festivals in that area. They have Jay Haley idol worship festivals there. The man said, No, the Prophet sallallahu sallam said, Go out.

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does the question of the Prophet have any influence over the ruling?

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Yes has to write. Otherwise, why did he ask him the question? So if somebody were to say,

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we would have to say from this hadith that you can't slaughter in an area where there are idols, and you can't slider and in a place where they have should festivals in it, right?

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And if we didn't understand that as being there, Allah, then the prophets questions don't make any sense. Why is he even asking him this? Right? You lose the benefit of that question is so for us to understand there is a benefit in the Prophet asking the question is to understand that it's not permissible to slaughter an animal for the sake of Allah in a place where there are idols.

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There are also methods of extracting that Allah that is only derived through its timber. Steamboat is deduction by means of deduction.

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So there's four ways of doing this. And this is where it's involved is where there is no pneus.

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There is no clear pneus there is no law here. There is no indication about that. Sometimes this happens, right? So something is made highlighted for us haram. For us, there's no reason there's no law, there's no legal basis behind it. We're just told not to do it, or to do it, whatever it might be. So how do we deduce that I let in these scenarios, there are different ways. So the first exhibit of a Taksim means that trial and categorization.

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So which tags looks at the basis of the hokum? So let's use for example, musical instruments man as of the time of our prophets, Allah Larissa. And he says, My eyes if has been established to be held on by musical instruments established to be haram.

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And then he categorizes the features

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of the maharaja. So he says, it's a machine.

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It's built from wood.

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It's heavy, its weight is heavy. And it produces a percussive noise, for example,

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then by trial and error, so this is what civil claim is trial and error, he says,

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is the fact that it is a machine or an instrument. Is that something that makes it haram? No, because we see other types of instruments and machines and utensils and whatever that are permissible, is the fact that it's heavy, a reason that it's haram, no other things are heavy, and are permissible. So you start basically, listing all the features, then cancelling them out one by one, until you come to, okay, the percussive sound, this must be the reason that this must be that Allah avoids after eliminating all the other possibilities.

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Okay, the next one, and when I say that, we mean the appropriate description here.

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So let's say we look at home.

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And we say there's nothing appropriate to be the hammer being haram except that It intoxicates Scott, it can't be the taste can't be, you know, the sugar content or anything like that. This is not exactly like the first category. And the first category, you're listing all the features of the thing, and then canceling them out one by one. In the second category, you're just saying this one feature must be the appropriate reason behind it.

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So it's not exactly like the first category, but it's similar.

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The next one is a Shiva similarity.

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We talked about this during class,

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where you have a photo, a new issue, and an original issue. And they're both exceedingly similar in their features. We use the example of human voice put in the software, it sounds exactly like a musical instrument. Right? And we say, Look, they're basically the same thing. They their features are and are overwhelmingly similar. Therefore, they must take the same ruling.

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The fourth way to find the ELA as a door on

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the Quran, which means that which goes around the quotation.

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What do we mean by this, we mean that we look to see where the ruling exists.

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To find that Allah,

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if we say x is the ALA,

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but then we find x happening at the time of the Prophet salallahu Salam, and yet the ruling is not there. The next must not be diagnosed, something else must be done. Right. We gave the example Whenever the Prophet traveled to shorten the prayer. Whenever he didn't travel. He didn't shorten the prayer. So this

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scripture of traveling rotates with the hook. We talked about this last week. This is an example here.

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Okay, let's do some quiz questions.

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The scholars have a consensus that the law of prohibiting of the prohibition of passing judgment while angry is the distracted hearts and mind.

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So what is the correct type of ALA? There can be three categories either it's Jamar or Nasir steenbok

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which was this

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Mara said the scholars have a consensus is a drought

00:30:46--> 00:30:46


00:30:48--> 00:30:59

now alpha Allahu Allah Rasool Rahim and I have put off a lie he will deliver us Hooli within the portal that will determine when Misaki noblest the bead kala Kala, you're gonna do a little bit of near

00:31:00--> 00:31:19

verses of what Allah restored to his messenger from the people of the towns that is for Allah, and for the messenger and for his near relatives and orphans and the stranded traveler, que la Taku que la jolla, Kona, doulas and Benin an alchemy ecumenical, so that it may not be a perpetual distribution amongst the rich amongst you

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know, whatever the messenger has given you then taken whatever he is forbidden either refrain from okay is this EJ mer or nos or symbol?

00:31:31--> 00:31:36

Not is it Saudi provide him or him out within be

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sorry, why is it sorry? Okay, okay, that's gonna do it.

00:31:42--> 00:31:57

Okay. Zania it was Zanni federally to lower the minimum agenda. The unmarried woman or the unmarried man found guilty of Zina lash each one of them with 100 lashes is this a drummer or an us versus them both

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nuts horses muscles today right here

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okay and what is it Saudi or Lawhead or email with a and b

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Why is it sorry

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with communication

00:32:23--> 00:32:24


00:32:26--> 00:32:33

now you have a ruling coupled which is the outcome of lashing unchopping coupled with a description Zina

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is not directly telling you you're gonna lash them because of this.

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We have to make that connection otherwise it doesn't make sense right.

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Also the fact

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Okay, the province and the visa Lola wherever you are Salam sol de vie him fossa, for surgeries, such as a teeny tomato shahada masala, the prophet led the companions in prayer and forgot something. So he made two prostrations and he said that childhood and he made the slim

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00:33:09--> 00:33:12

because they are not Christian but

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plus, sorry I heard I heard or email it can be.

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presa first Sajid

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because we have the fat

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Okay, someone says it is analogize through PS. That passing judgment during a state of intense grief should carry the same ruling as passing judgment during intense anger. As they both both cloud the intellect our intellect can understand that the benefit of prohibiting passing judgment during anger is that AIDS clouding the mind, thus preventing proper judgment My case is this dramatic Nasir Stumbo

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Okay, and what kind of symbolism

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think the appropriate description

00:34:17--> 00:34:18

basically saying that

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this must be the description of it. For this the the is saying that I understand what you're saying similarity similarity would have said these are exactly these are pretty much the same thing. But he's not saying that he's saying that.

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When we look at the Hadith, of passing judgment during anger,

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we can only intelligently we can only say that the only appropriate basically reason for that is that anger is clouding the mind. Right.

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Okay, if it is analogize that corn is like barley, so the Prophet sallallahu sallam said you cannot trade borrow

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For barley form of rebuff transaction, so if it is analogize that corn is like barley when it comes to the vet transactions. When the description of barley is analyzed, you will not find any description that impacts whether the differences in taste and measure weight sustenance yet none of these. So the difference in corn and barley and taste are measured and weighed and sustenance. Yet none of these impact the ruling of river none of these have an impact on the ruling of not treating barley for barley. Therefore, we should not trade corn for corn is this HMR or Nasir Cymbalta?

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Cymbalta. What kind of stumbled on?

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Exactly this this event seems like you're looking at all the features of the barley. Its taste, its measure its weight, its sustenance. We're canceling all of them out. We're saying none of these can be the reason. Therefore we can make.

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We can make an analogy here.

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Okay, right back to the beginning of this course. We said there's four discourses of a student

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we'd covered and mcloon harcombe Wildberry. Contact LiFi

00:36:09--> 00:36:12

we covered all of the Delilah. Everything we took from

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blanking right now. I'm not Vulcan mocha yet. And what we took from Ironman, cos and all these things are Delilah. And for the the leader, we covered some of it. We covered the Quran. And we covered the Sunnah, we covered a huge amount. And we covered right now PDFs.

00:36:38--> 00:37:00

And we said these are the sources of Islamic law. So now we're going to talk about the ones that are different over not all of the scholars taken these four categories, but ends when the draft Yes, all the data had take these sources of law. These ones are different over. But of course we're studying from the humbly perspective. So we're taking it out how the companies would understand it.

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So we're probably not going to cover all of these. In our time, we'll cover a couple of them very quickly, inshallah. And then next week, we'll cover the rest of these mostly more sentence this sentence this hub, and we'll cover the last portion which is in mustard.

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Okay, I will Sahabi

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the statement of the zahavi.

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Like we said, you know, there are differences of opinion about whether

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how to take the statement of a hobby.

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And we say there are five categories. The first one is mad now you all know the right. So if a companion says something, is it a source of love? You say okay, look, is what he talked about is what he said.

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Something that cannot be said, by means of opinion. What do I mean by this? Let's say one of the Sahaba said something. And we say that thing that he's talking about cannot be understood through HD head cannot be understood through opinion. So Sahabi says, On the Day of Judgment, this will happen.

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Or he tells you in Jannah, there will be this in this. He's not telling you the Prophet said it. He's saying it himself.

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But can we understand that a Sahabi would speak about Jana, or speak about the signs of the day of judgment or speak about the hellfire. All of these things are from the hype. He's not going to have an opinion about these things. He's only going to say it

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if he heard it from the Prophet salallahu ideas. Right. So we make Rafa here, we raise this to the Prophet basically. So if a Sahabi says one of the signs of the Day of Judgment, X, Y, and Zed, we say his This is not his own opinion. He's telling us what the prophets will do. Right? Even though he's not specifically saying, The Prophet said this, we're saying he's speaking about a matter that only the Prophet sallallahu alayhi wa sallam would only, he would have only said it if you heard it from the prophet.

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Now, this is not only issues of belief, or labor or something like that, even certain filthy issues, this is going to be true. So an example I tried to find an example. There is an opinion from some of the companions and I will stress here, don't take what I say as a rule, because there are many, many, many conditions. Okay. Some of the companions said that if a woman uses water, if there's a basin of water, and a woman uses it, for whatever, making will do washing, whatever, can Eman come to that same basin and make bajada from it. And some of the scholars said no, based on a statement of sun that companions now again, there's a lot of conditions. So don't take this as a rule. Okay,

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

there's a law. Well, we'll do a course on settling on and we'll go through all this. But the point is, they took the statement of the Sahaba on this as though they were it was the prop

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Quit saying it. Why? Because they said, nobody can rationalize this, like, this is not a thing that this is not an issue, you had the issue, right? It's not an issue where you make it to the head. They can only say this, if they heard it from the problem, right? So that's why like a 50 issue, basically, where they say, this can only come from the profit as a teaching of this.

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So we make totally, if you were to leave means to stand like to stay, meaning it goes back to the Delete of the Sunnah. Right? So basically, we raise it back to the sun.

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And the next type is either edge America's Sahaba Surah, HUD and if the Sahaba are explicit, they all agree about something all of us have to agree, X, Y, and Zed all of us have agree that the Quran is Canavalia. For example, all of them explicitly have said the Quran is the word of Allah. This is a drummer. And we already talked about the malady, right? This is explicit Jamal, and it is a source of law.

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Now, if the statement of the sahabi,

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one of the Sahaba says something,

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and that statement becomes well known, it's popular, people know that he said it. And none of them said anything against it.

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Understand, so on top of the alarm when it gets on the member, and he says something on the number in the drama club, everybody hears it, and people here are going to talk about it. So it's well known what Armada said. And nobody said anything against it. Nobody said you're wrong. Nobody said I don't agree with this, etc.

00:41:31--> 00:41:37

This is also a Jamal, right? This is what we call silent. Jamal, Jamal Subhuti. Because if they were against it, they would have said something.

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Now you get into the areas where we tend to have differences of opinion, where so Hobbes said something? And we don't know, was what he said, well known or not that people hear about it or not. And we don't know of any other Sahabi to contradict him. Right? So So have you said something? And we don't know if the other Sahaba found out about it. We don't know if it became popular.

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We say it's not a Jamar. So the first two types are a judge now has a very strong form of evidence. This is not a Jamel, but we still

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it's and this is a difference of opinion. But our method takes that a stronger opinion is it isn't evidence. Right? So Hobbes says something, it isn't evidence. It is a proof

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and we use it

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I give an example before

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give the example too much but

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reciting Quran at the grave

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Imam Muhammad used to say it was haram

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but he got a narration that Abdullah bin Ahmad or the Allahu Han told in his Messiah his will he told his children when you bury me recite these verses he gave them a certain amount of verses to recite at the grave.

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So this is a difference of about these issues a difference of opinion some scholars disagree with it. But Imam Ahmed when he got that narration he changed his opinion he said it's permissible to recite what and integrate why because for him oh it is so heavy her statement of the hobby is a source of law

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00:43:24--> 00:43:31

even if somebody might say well we don't know if we've been almost statement was well known etc. He'll be like nobody said opposite to him. And he said it so it's a source of law.

00:43:33--> 00:43:39

The final one is we say if as a hobby says something and another Sahabi disagrees

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then this is not a source of love to Sahaba disagree

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it's not her just not evidence for us

00:43:51--> 00:43:51


00:43:59--> 00:44:02

next is Sherman Cobb Lana?

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Sherman Cobb Lana is the Sharia of the previous owner as well and inshallah on this one.

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We say the Sharia of previous owners can be only four types

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matheba to Anna Busara Elena, what is established that it's part of our Shediac so it was part of the Shetty eyes of other nations, but it's also part of our Cydia. So when we talk about the other Shetty as we're talking about the city of Musa is the name of Elisa of Ibrahim of others,

00:44:39--> 00:44:43

the prophets before so what is established for us as a

00:44:45--> 00:44:51

part of our Shediac Allah Subhana Allah says will attempt now I am FIA and the neffs of enough's. Well, I mean a bit I mean,

00:44:52--> 00:44:59

whatever problem, etc. Allah says We ordained upon them. Who is them here?

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

simultaneously so the Torah We ordained upon them, and the neffs of enough's, that a soul is for a soul, a light for light, and an eye for an eye, and a nose for nose, etc, for the rest of the eye. So Allah is saying, this was a rule we gave any throw in.

00:45:17--> 00:45:19

But is it a rule for us as well?

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Yes, the Prophet said Kitab Allahu Allah sauce.

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God has ordained his last life for like a religion I'm an automatic sauce are you believe the sauce has been made a rule upon you.

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So it's established in our religion, even though it also existed in the other religions, and we say it's a source of love.

00:45:44--> 00:45:51

The next type is Mathematica. And now we'll establish Beshara. What has been established as not part of our Shediac.

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So we know that it's part of their shady, but it's not part of our shutdown. So the obvious example, here is Prophet Yusuf Ali. He said, I'm in the Quran. His father, his mother, and his brothers, all of them makes a joke to him. We'll have a ruler whose agenda was they all went down and suggested to use of where they were shipping, Yusuf? No, they were showing him respect. Right. So in their Shediac, it was permissible to make sujood to another human being out of respect, not out of worship out of respect.

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And our said, yeah, it's not permissible. And many a hadith about this.

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So it's not permissible.

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So we say even though it was permissible at the time of you use it, and we know in the Quran that it was permissible in his time, it is established as not part of our Sharia. Therefore, this is not a source of law.

00:46:46--> 00:46:54

Now, we get into what was narrated now, what are the antibody on Polycom? What is narrated from them? What do we mean by this?

00:46:56--> 00:47:06

And the first two examples, we're saying things are part of the city of Venice, right? ie the city of Musa the idea of use of their part of their city? How do we know it's part of their city ah,

00:47:08--> 00:47:14

from the Quran, from the Sunnah of the prophets, Eliza? Now what about things that the Quran and Sunnah didn't say?

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But they the Jews, or the Christians will say this is part of our, our law, our religion, a Jewish man came and said, part of our turnoff part of our Torah is X, Y, and Zed. Do we take that as an evidence? No, we don't. Right? So for us to acknowledge the Sharia of those before them asked to come through our sources to put on and Sunnah. Right?

00:47:42--> 00:47:48

Why? Because we know that their sources are corrupted and changed. So we can what they say doesn't matter.

00:47:50--> 00:47:53

The final one is what came in our Shadia.

00:47:55--> 00:48:12

From the previous videos, but actually I didn't say anything about it. It didn't say this is permissible. It didn't say this is haram. It didn't say anything about it. So what is the rule here? We say the stronger opinions difference of opinion, we can think the stronger opinion is it is an evidence. What is an example here?

00:48:14--> 00:48:19

Musa alayhis, Salam in the Quran, got married, what was the motto he had to pay?

00:48:21--> 00:48:56

years of service, eight years of service, if you add to that is good. That's what the father said. Right. So now, is it permissible for somebody to get married and make them years of service? I don't have any money. I'll work for you for a year. Is that permissible? So we say yes, are shady. I didn't say It's haram. Right? Or shady. I also didn't say this is permissible. Actually, I didn't say anything. But we have this story about Musa alayhis salam and it was permissible for him. And so since there is nothing contradicting it in our car, we will accept that as a source of law

00:48:59--> 00:49:00


00:49:12--> 00:49:12


00:49:16--> 00:49:22

No, in the previous one, we don't accept it because it didn't come through the Quran and Sunnah. It came from them

00:49:24--> 00:49:51

out of their books out of their mouths, so they're like a Jewish guy, a Jewish rabbi comes and tells us x y. And Zed is a rule in our religion. Do we say okay, we'll take that as a source of law. No, we don't. We don't trust his books. Right. So the only if we're going to take if we're going to use the Sharia of Musa and Ibrahim and use of inertia di in any way, it has to come through the Quran and Sunnah. So the Quran tells us this was permissible third time right

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okay, that's all inshallah for today. Anyway.

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haven't any questions

00:50:09--> 00:50:22

so I guess that inshallah next week, probably our last class, which are going to try to do everything, fit everything in for next week. And that way we'll be done. And then you guys have time to review sha Allah. And

00:50:23--> 00:50:25

and then we're done this class Bismillah.

00:50:27--> 00:50:32

I'm thinking the next class to be about FIP. We take a book and film and study at

00:50:35--> 00:50:38

Sharla bears are interested in that. Yes.

00:50:40--> 00:50:44

We can do co art as well. It's so cool. Why are these like well soon?

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

It's a little bit different. So we'll see what is you start off with? What are the principles for us to understand?

00:50:51--> 00:50:53

How are i this? Okay, here's all

00:50:54--> 00:51:02

right, we look at all the rulings of FIP. What are the rulings? We can what are the principles we can extract from FIP? So it's like the other side.

00:51:03--> 00:51:04

And it wouldn't be that long.

00:51:07--> 00:51:18

And it wouldn't be it wouldn't be too long. It would be just a few classes I think to cover. It's up to all of you. I don't know if you guys are tired of know all the rules and principles. It's more practical and I just feel like I've never had a

00:51:20--> 00:51:22

lot of classes in because, yeah,

00:51:23--> 00:51:26

it's much more practical and it's very theoretical principles

00:51:28--> 00:51:29

as well. Yeah.

00:51:30--> 00:51:33

You know, I'll put it in the group and then you guys decide out of those two

00:51:38--> 00:51:40

o'clock prediction stuff.