Fiqh Maxim 5 – Difficulty Causes Ease

share this pageShare Page
Ismail Kamdar

Channel: Ismail Kamdar

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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

Salam alaykum warahmatullahi wabarakatuh hamdu Lillah wa salatu salam ala rasulillah Bibim appeasing Allah subhana wa tada elektrischen his blessings upon the final prophet Muhammad, even Abdullah sallallahu alayhi wa sallam and all those who follow his way with righteousness until the end of time. So, welcome to the fourth and final lesson in our Why do you think Maxim's, and yet we're doing things a bit differently this week. In order to avoid social contact, as much as possible, we are having this class online. And for the foreseeable future, this class will continue every Monday online

00:00:47--> 00:01:04

until this is over, then we'll go back to meeting in person and have the online component continuing as well. So today's class is going to be a little bit different, it's going to be a bit unique. I'd like your feedback on it ways to improve ways that we can do this better.

00:01:06--> 00:01:50

Just whatever you can do to help us to improve the online component. Again, doing this online is new for me, not teaching online, I have been teaching online for over 10 years, just something that I'm used to doing in person seeing all of you in person interacting with you, that component is gone. So what we're going to do is we're going to have this lecture, and then separately, we'll have a q&a. Maybe today, maybe tomorrow, but we will have a separate q&a on this topic. So let's get started hamdulillah we are looking at the fifth and final coil of a PA which is a shocker that actually put a seal up called the causal relaxation of the law. So we've learned thus far that the providers are

00:01:50--> 00:01:52

clear they are

00:01:54--> 00:01:57

five of them, we learned about intentions, about culture,

00:01:58--> 00:02:08

about harm, and about conviction not being removed by doubt, we now come to the final one, which is a shocker to that you put a seed difficulty causes ease.

00:02:09--> 00:02:41

So this comes from one of the goals of the Sharia, which is the removal of hardship, right the removal of how would you include the removal of hardship? Well, it is one of the goals of the Sharia a lot wants to remove hardship of our lives. And the evidences for this are many, perhaps the clearest one through Baccarat chapter number two plus 185, which illustrates no data reveals to us the peak of Ramadan, and in difficult Ramadan, he tells us that

00:02:42--> 00:03:27

about fasting, that if you are sick or traveling, make it up later. And Allah Subhana Allah says, You read a lot because you throw whatever you need to become a boss, a lot wants to make things easy for you, he does not want hardship for you. So this verse is one of the clearest evidence that the removal of hardship and the facilitation of ease are from the goals of the Sharia. And so when there is undue hardship, the law gets easier. That's basically what this principle means. What this Maxim means is that when life gets difficult, which is something we are experiencing at the moment, are the laws of Islam get easier to accommodate that difficulty because you read a lot because what are

00:03:27--> 00:03:32

you reading because Allah wants things to be easy for you, he does not want things to be difficult for you.

00:03:34--> 00:03:51

Likewise, in the closing verse of surah, Baqarah, unless you have a handle that is logically for low enough, then illos, Allah will never burden a soul beyond his or her capacity. So whatever test Allah sends in our lives, like the one we are facing at the moment,

00:03:54--> 00:04:02

we have the capabilities to overcome it and to move forward in our lives and to, to to try to in some way or the other.

00:04:04--> 00:04:13

And when things do get too too difficult, Allah has created laws to make things easier for us. So this Maxim

00:04:14--> 00:04:59

is derived from the rasa from the concessions that Allah subhanho wa Taala has given us for a variety of situations. Difficulty causes ease can be seen in many, many different aspects of fic. In almost every single area of fake, they is an element of difficulty causing is right. And this is something that's unique to our Sharia. The prophets Allah mentioned it as amongst the gifts to this ummah, they weren't given to any Ummah before them, right? The woman before not have concepts like the moon, or the shortening and combining of prayers, all of these concessions these rock sides are unique to our sherea. So electrum hamdulillah in the final surely has yet to humanity

00:05:00--> 00:05:13

To be practiced on the end of time, alone infinite knowledge knowing that these times will be changing these times will include unique situations include good times and bad times, the law has been made flexible enough to accommodate all of this.

00:05:16--> 00:05:42

And again, the evidences are many I mentioned in the intro I mentioned like a little low enough said ILA was Aha. There are many other examples of this as well, in the Hadees. There are many headpieces with the Prophet, the lawyer, some stated that indeed, this religion is easy, and only the extremists make it difficult upon themselves. So this is a translation of one of the statements of Rasulullah sallallahu alayhi wa sallam and there are many other pieces of this nature.

00:05:44--> 00:06:07

One of the clearest one that I think applies to our current situation is the Hadees, in which one of these haba when he was traveling, he sustained a head injury. And because of his head injury, he did not want to wash his his head, and he ended up having a dream that requires Cosell and because of that,

00:06:09--> 00:06:41

he also became watchable upon him, too. he consulted his traveling companions, what should he do? And they all told him you must make kusa. So he performed the hosel he washed his head and he died, he died. So when they when the rest of the group called Dr. Medina and told the Prophet sallallahu alayhi wa sallam about it, he got extremely angry and he said that he should have made the yamo Why didn't you ask the cure for ignorance to ask and he made a statement, the katella home court along the law, they killed me Allah kill them only Allah destroyed them.

00:06:42--> 00:06:57

I mean, if you look at our situation now, where we are trying to bring some east or community to prevent the virus from spreading by telling people to stay at home and go to the masjid not free tomorrow, and then we have on the other side of the light signal you must go to the masjid you must pay tomorrow.

00:06:58--> 00:07:32

If this fatwa of years causes the virus to spread and people to die, get ready what the prophet sallallahu alayhi wa sallam said to this man applies to them as well called a long bottle of Milady they're going to kill people with effortless love protectors so important that the people making our fate understand the decodable and democracy the Sharia otherwise, it can be disastrous, and the times they visit can be deadly. It can be truly deadly when the wrong people are in charge of the fatawa in the massage.

00:07:34--> 00:07:45

So this Maxim as I said, it's something financial outfit dia, dozens, maybe even more than dozens of examples found throughout cheriya many of you are familiar with.

00:07:46--> 00:08:32

For example, color Shula he sallallahu alayhi wa sallam Jaga long out of the pool of mosquito Allah, Allah has made the entire Earth a pure clean mustard. So from amongst the ease Allah has given us is that we can pray for that anywhere besides the graveyards and the toilets. So at this time with the machines are closed, we can pray at home. We can pray in our offices we can pray in corridors we can pray basically any way that is clean, this is from the east the seal Allah has given to this woman for a monster they see a lot of money so we can shorten our prayers and delay our fasting when we are traveling. Right and so this is clear in the Quran and Hadees that when you are traveling over a

00:08:32--> 00:09:02

certain shall become to Russia. And so if you get to Ramadan you can fast after Ramadan scared. So these are very clear examples of a seed because of my Shaka likewise combining Salah at times of need. So combining solo and traveling, combining Salah when there is a flood or heavy rains. For example, He talked to combining Salah before and after operation. These are all examples of machaca detach reboot ACL. Difficulty causing the law to relax the water change.

00:09:03--> 00:09:23

We can sit and pray standing is too difficult we can lie down and prove sitting is too difficult again on my Shaka with a see if someone cannot stand and pray. The should sit in play if someone cannot sit and play they should lie down to play. Whatever difficulty person is going to the law relaxes according to get level.

00:09:25--> 00:09:40

We can delay a fast if we are ill. Right so much of 100 says in the Quran in surah baqarah verse 185 that if you are sick or traveling, you can make it up later you can pass at later dates again, the masaka of illness can cause a delay in fasting.

00:09:42--> 00:09:54

And one of the most extreme examples being we can eat or drink something haram to save our lives. So when facing a life threatening situation where there is nothing available except her arm except

00:09:56--> 00:09:59

alcohol or pork or even human flesh

00:10:00--> 00:10:15

Anything haram becomes permissible to eat at such time. So this is all clear examples in our show, we have my shadow because we put a seer. And there are many other examples of this. There are many, many other examples of this in the Sharia.

00:10:16--> 00:10:31

If you just sit and think about it, you will find that any type of mashup causes they see. So for example, mental illness, severe mental illness completely lifts the responsibility of doing any obligations. Right.

00:10:32--> 00:10:45

Someone who is the woman which is given birth to a child doesn't need to play set up the difficulty of childbirth and labor, you know, after that too few datian as a reseller, giving a time to recover. On

00:10:46--> 00:10:56

the other example slot to hope in Jihad that an example of Machakos would they see it as you can just go on and on and on a poor person doesn't have to have to give circa

00:10:57--> 00:11:35

someone who's unable to perform a hedge, the obligation of hedge falls away from them. So you can see that literally any aspect of literally any area of work, you can take this Maxim and you can apply it almost any law that Allah revealed there is an exception to the law is a time where you don't follow the law because of my shocker because of the some difficulty that will arise from practicing that law at that time. And therefore, for Muslims to be so strict on the literal word of the law during times of machaca. This is really, really problematic. It goes completely against the Sharia against what the Quran teaches, what they have this T shirt, what the Sahaba themselves

00:11:35--> 00:12:19

practice. When we look at this lives as a habit, we see this in practice. We see this in practice when there was the drought in Arabia, and the overall effect of lifted the punishment punishment for for stealing. This is an example of a shocker treated UPC. So moving on from there, this topic requires a bit more elaboration and the other Maxim's are what is machaca. What is DC, what kinds of difficulty affect the law and what kinds of changes can happen to the law. The first thing to note here is that there's two types of difficulty. There's reasonable difficulty, and there's unreasonable difficulty. Reasonable difficulty does not change the law. So if you find it difficult

00:12:19--> 00:12:21

to recover, for lack of budget, you still have to recover.

00:12:22--> 00:13:05

If you find it difficult to give us a car, you still have to give up. If you find Hutch, difficult and everybody finds it difficult, you still have to perform Hutch. So reasonable difficulty does not change the law. So what does change the Well the problem I have identified seven types of difficulty, that count as machaca, these seven things, if any of them occur, the law changes, right. So again, it's not just any difficulty that changes the law, the seven types of difficulty that affect the law, these are the seven categories of machaca, when one of these seven categories are there a presence, then the law changes, if not, if you just some random general difficulty,

00:13:06--> 00:13:12

uneasiness, tiredness or something like that, then there is no effect that that has on the law.

00:13:16--> 00:13:18

So number one,

00:13:20--> 00:13:44

the number one thing that counts as machaca and change the law is coercion. When a person is forced to commit a sin, there is no sin upon them. Right. So now the bill a woman who is raped please no sin upon that because of coercion, coercion. Someone who is forced to say words of Cofer, like in the case of American us, when Abu Jamal Masada vinyasa, Martin vinyasa,

00:13:46--> 00:14:18

or regular news, Nikita Ahmad even yesterday, when I would yell forced him to see words of cocaine, there was no sin upon him because of course, coercion. Someone is forced to eat out, drink alcohol, or eat pork or human flesh when they are dying, there's nothing else available, there is no sin upon them. So the number one cause of my shock or the number, what type of a shocker that causes the large change is coercion or being forced to do something against your will. Number two is suffering, traveling.

00:14:19--> 00:14:36

Now, nowadays, a lot of people don't understand how Travelling is a machaca. What you need to understand is that for the bulk of human history, traveling was one of the hardest things to do the whole travel industry, its idea of traveling for fun going for holidays,

00:14:37--> 00:14:57

traveling for leisure, for sightseeing. This is a new thing that popped up in the past 100 years and I have a feeling with what's going on right now. It's going to end and disappear again altogether because no one's really going to want to travel for fun after what the world's experiencing at the moment. So for the bulk of human history, and this probably be the case again in the near future.

00:14:58--> 00:14:59

Travel

00:15:00--> 00:15:04

was a shocker people only traveled for business for studies for necessity.

00:15:05--> 00:15:41

Right or today there is machaca involved standing in queues waiting in airports, delayed flights, passport control, security checks, did this is Marcia castle involved in travel. So travel is being away from your comfort zone or being away from your own being outside your element. Because of that Allah has the blue concessions with the traveler. So in the Quran, travel is mentioned the type of machaca in reverse and fasting. We know from travels a lot can be shortened in most of them as hubzilla can be combined. Fasting can be delayed, there are a lot of concessions involved when it comes to traveling.

00:15:43--> 00:16:28

Number three is disease or illness. Right so morada, a sickness of any kind, has an effect on the law. And we see dozens of examples of this in the show here. If water makes a person more sick, they can make the move instead, someone who's chronically ill doesn't need to fast he can pay figure instead, someone who's sick temporarily doesn't need to fast he can make up the fast later, someone who's sick in the constant and trade he can sit and pray. Someone who is sick and we cannot sit in 3d can lie down and pray. We can see that almost any of our laws are affected by the concept of sickness. Number four and number five go together. forgetfulness and ignorance. Right So, the

00:16:28--> 00:17:13

Prophet sallallahu alayhi wa sallam stated in authentic IDs, a lot has forgiven for my oma anything it does out of forgetfulness, ignorance or by force. So these are these mentioned three things and that's where we get three out of the seven categories forgetfulness, ignorance and coercion. So just like someone who is forced to do Haram is not sinful. The same applies when someone commits haram forget fully or out of complete and total utter ignorance, meaning if someone had intention to pray sola to us, but they genuinely forgot to praise us until they heard the mother of Azhar and then they made kasasa can inshallah they are not sinful for missing a syrup because it was not

00:17:14--> 00:17:49

purposefully done. It was forgetful didn't seem someone had every intention to wake up for Serato budget, but they did not hear the alarm and they overslept. And they are not cinderford for missing for local budget because it was done out of forgetfulness. The same applies for complete indirect. So yeah, there is a difference between someone who chooses to be ignorant, and someone who is genuinely ignorant. If someone chooses to be ignorant, they are sinful for the ignorance. But if someone is genuinely ignorant, or someone growing up, in a small village in one

00:17:50--> 00:18:26

country is cut off from the internet. And all he knows is what's taught in his village and his village. They teach him that denial is fine, and he's never heard anything else. And so he grows up living a life of Xena, I did late in life, he learns that it's haram and he stops. He's not sinful for everything that happened up to that point because of complete Jihad because of complete ignorance. Right? So ignorance is an excuse in our religion, but as only when it is unintentional ignorance, not when it's intentional ignorance, then none of the laws change with these intentional ignorance, but when is unintentional ignorance, then no one is held accountable for that. So for

00:18:26--> 00:19:07

example, if 700 years ago, there was a plague in a city and the Muslims gathered to pray salah and ask Allah for help. And because they gathered together, the plague spread and he died of it, inshallah, he will not be held accountable for that because of ignorance, because they did not know what we know about how diseases spread. However, if we have to do the same thing today, we will be held accountable for it because we are not ignorant. Right. So ignorance affects the law in that way. That's why I give the example last week of smoking. Someone who 100 years ago said that smoking is permissible. They will not be held accountable for their fatwa because they were ignorant of the

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

harms of smoking hadn't been discovered yet. Right? But today because we know the harms of smoking, we cannot make this fatwa because we don't have the ignorance we now have knowledge and we have to based on our knowledge.

00:19:20--> 00:19:39

Okay, moving on to number six. This is the one that affects us right now, almost by the wall a comment of public affection. So when something affects an entire community, the fifth changes to accommodate or to get rid of that affliction. So the Coronavirus is an almost belova

00:19:40--> 00:19:56

and it's a unique case because in the past a common affliction would affect a village or a town or mostly country, but because of globalization and international travel without facing perhaps for the first time in history, a common affliction on a global scale.

00:19:57--> 00:20:00

So every community based on

00:20:00--> 00:20:20

On the number of cases within the community and the amount of social interactions and how fast it's growing, we'll have to find different ways to adjust the law based on this common affliction. So a common addiction can be a drought, can be a flood, can be a plague, can be a civil war can be riots and civil unrest

00:20:21--> 00:20:45

can be an invasion from enemy forces. All these things count as common afflictions. In each of these cases, they are changes that they take place to the law, that for example, now we are seeing the change where the obligation to police a large congregation falls away the obligation for clinging to masala falls away. These are examples of laws changing because of mobile buy. Why? Because of a comment of fiction. So number six,

00:20:46--> 00:20:54

always looked at this list over the past 10 years thinking, number six doesn't apply to us. And now I'm doing this presentation.

00:20:55--> 00:21:04

For the rule law, I'm doing this presentation to the one point in my life, it actually does apply to us, we are facing a common affliction. And so we need to adjust our laws accordingly.

00:21:05--> 00:21:09

The final, the final of the things that

00:21:10--> 00:21:54

change the law is not is not clear. Or someone not having legal competence someone being unable to have control over the actions or someone not having the maturity or the mental capabilities to decide between right and wrong to this includes insanity includes people who are sleepwalking or sleep talking and includes people who are have not hit the age of puberty yet and even include people who are senile. All of these categories. In all of these cases, someone is not accountable for what they do. Meaning there is no sin upon children, there is no sin upon people who have major mental illnesses that affect the ability to decide between right and wrong, or there's no

00:21:55--> 00:22:26

sin and obligation upon someone who is old and senile. There's no single obligation upon someone who's sleeping. So if someone's asleep and they say something and they sleep or they do something in the state they cannot be held accountable for it. So, this is the final category. So, these are the seven things right you will have I have identified each of these seven, a fifth the law in some way or the other, some of them obligation or sin falls away. Some of them the law itself changes, some of them may be an amalgamation of this.

00:22:27--> 00:23:10

But nonetheless, in any situation that will allow will look at this list and they will see okay, these are the seven teratoma shocker that changed the law. Are we experiencing any of these seven? If yes, the law changes if no, the law doesn't change. Right now, what we're dealing with is in hormonal balewa is also a disease. So it puts into two out of the seven categories. So there's definitely some bases that is needed, there is definitely some relaxation of the law that has to take place to accommodate our what we are experiencing and to help us to get stop it from spreading. So just as the Ola have identified seven types of machaca. They also have listed seven types of

00:23:10--> 00:23:53

lease here. Meaning just as they are seven types of difficulty that affect the law. They are also seven types of changes that can happen to the law, and they don't go directly with each other. Any of these seven can happen with any of those, right? They're not directly correlated. So there are seven types of changes that can happen to a law at the time of machaca number one is called omission meaning that the law falls away altogether. So a woman who is in a hate or honey fast does not have to pray all together, prayer falls off altogether. I would say in our current situation, the obligation to pray in JAMA or pray Juma is on budget he falls away altogether. So in certain

00:23:53--> 00:24:40

situations, the law falls away altogether. For a child who has not hit puberty yet all of the laws and with every every obligation falls away altogether, seeing what someone who is now old and senile and does not know what they are doing. All of the laws are omitted. So it's called omission is the first type of change that affects number two is 10 is decrease. So, in some situations, the obligation upon people decreases what is required of us decreases. The most easiest example to understand is shortening the Salah when traveling. So in a normal situation you will create for Raka puzzle her Assa t sharp but when traveling you will pray to her about for his or her us or Asia. So

00:24:40--> 00:25:00

this is a 10 piece this is a decrease in what is required of you. I can take that another example of this is if someone cannot stand and play date, sit and preach. Now again this is a decrease in what is expected often, right if someone is in a situation where there is no pure praise place to pray.

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

Then the condition of praying in a pure place for the way, for example, that would be lame Allah protect us from this if someone is in prison and they are imprisoned in a faulty place, and they are lifted for days on end, it becomes permissible for them to pray this allowing that faulty place, because now there is a decrease in the law, the requirements of salary decrease based on the individual's circumstances, right. Number three is if that replacement, so in some cases, a lot replaces a law within another law to make things easy for us. So we do being replaced with a yamo is the clearest and easiest to understand example of this, when a person cannot make a do or puzzle

00:25:43--> 00:26:10

because of sickness, or because of fear of an enemy, or because of a common affliction, or whatever it is, in all of these cases, then we'll do is replaced with a hammer whistle is replaced with a mo, right. So for example of a common affliction or drought, and a committee has limited water, and they needed water for drinking otherwise people are going to die. In that case would you would be replaced with a mo

00:26:12--> 00:26:56

another example of a dog besides a amo is replacing the fast of Ramadan with video. So for someone who is chronically ill, or someone who is elderly and cannot fast because of health reasons, in those cases, there is no omission that is if that meaning, the obligation to fast doesn't fall away completely is replaced with a new obligation, right. So the obligation to fast is replaced with the obligation to pay figure. So this is called a data replacement, a law is replaced with a new door, the obligation to fast is replaced with the obligation to pay video. So both video and try examples of doubt and examples of when there is difficulty, then the law is replaced with an easier law to

00:26:56--> 00:26:56

apply.

00:26:57--> 00:27:41

Number four is the per diem and number five is the fear and these two go together doing something before it's time or doing something athletes. And so these are two other types of changes that can occur to the law attempt of mashup. Either a, d can be done before it's time or after it's time when it is clear machaca so praying after a good time combining luhur and assar while traveling, this is the Kadeem advancing doing something before it's happening also before it's time, this becomes permissible in in the majority of math hubs. The Sharpie humbly Marquis malha, when a person is traveling or when there is a common affliction, or when there is

00:27:43--> 00:28:16

injustice, we need some kind of necessity, right? Same with the opposite Daffy and Sabrina do her at a certain time or playing mother, Russia time becomes possible in these cases as well. In these cases, you have a choice between a game or a field. So if you are traveling, and you have a flight to catch, you can combine your daughter and also at the airport before leaving and you're modeling a shot at the airport after arriving. So you're doing the duck idiom in one case interfere in the other case, and both of these become permissible because of the machaca of travel.

00:28:17--> 00:29:04

Another example of the fear of doing something later is delaying the faster if someone is traveling in Ramadan, or if someone experiences the the hate period the menstrual period in Ramadan, then they can they will make up the fast after Ramadan. The first case they can make up the past Ramadan, they have a choice in the second case, they don't have a choice they have to make it up after either. So this is called the here the laying a T deed for outside of exam. In this case the deed of praying of fasting in Ramadan is now delayed after Ramadan. In the early example we gave the case of praying during each time is delayed to ascertain right so in some cases, a good deed is done before or after

00:29:04--> 00:29:07

it's time when there is machaca that causes that to happen.

00:29:09--> 00:29:17

Number six in theory or necessity, right. So this is a subsidiary Maxim which takes that

00:29:18--> 00:29:40

the extreme circumstances causes the haraam to become Halla on necessity makes the writer that necessity makes the Haram allowed. So when there is nothing else to do besides her Are you have no choice but to do her. Then out of necessity the heroine becomes

00:29:42--> 00:29:48

the example is drinking alcohol or eating pork when there is nothing else available and you're going to that

00:29:49--> 00:30:00

nothing example would be if someone is dying and the only cure for the illness is something wrong. Right. There is no other cure. That's the only thing that's going to cure the illness, but it will become

00:30:00--> 00:30:02

permissible to take that kill. Um

00:30:03--> 00:30:09

so basically necessity makes the Haram haram and etc.

00:30:10--> 00:30:58

These different years different levels of necessity and is different levels of what becomes allowed. So a minor necessity would make a minus and Halla and a major necessity would make images and Hello, so major sins like alcohol and pork, and stealing would only become halaal in life in good situations, while my innocence could become hollow, in less difficult situations, so for example, our insurance types of insurance that are around because the order must be as easy to understand way around, they can become a lot out of necessity. Because you live in a country where you can operate without it. Right tradition example of necessity, we can get her on holiday on a minor level.

00:30:59--> 00:31:02

The same would apply to other things of a similar nature.

00:31:04--> 00:31:26

Same thing about the examples of that, but yeah, the clearest example of the harem becoming holla is the example of insurance becoming halaal. Nowadays, because of necessity, right, that's not major, it's not a major sin, by then take a major masaka to make it.

00:31:27--> 00:31:30

And in many other examples of that as well, for example, a woman

00:31:31--> 00:31:45

revealing a minor aura to a non Muslim in the case of necessity, so when going to the doctor, by a woman's aura is divided into two parts the major and the minor over the major or being

00:31:46--> 00:32:08

from her breasts to a nice, the minor or being below the knees and the arms and the hair. So that's called a minor aura, because she's allowed to expose it to Mr. Krabs. So it would become permissible for to expose it to a non Muslim at a time of necessity, while the major or even that would be allowed when there is a real necessity, like a medical necessity, but not for something less than that.

00:32:10--> 00:32:18

And the final type of change that can happen to all is done here. Right w means replacing a law with a

00:32:19--> 00:33:04

with a similar law that's changed. So changing the way you do something. Changing the way you do something can happen in extreme situations. For example, in jihad, the, these warriors can pre select the hole. So they're still praying to Allah, he just changed the way that they prayed. So, right. Similarly, if someone was sitting and praying or lying down and praying, they're still praying so that they are just changing the way that they pray. So sometimes, the way that you do something will change based on my Shaka and everyday example of this is kissing the Blackstone. So technically, you're supposed to kiss the batstone in may be tough. But nowadays, that's a shocker.

00:33:04--> 00:33:22

Nowadays, it's not possible for everyone to catch that stone. So instead, we just, you know, like Blow a kiss from fall. This is an example of how you do something changing based on everyday Mushaf got that because of the number of people performing ombre and tawaf every single day in the modern world.

00:33:23--> 00:33:54

It would be a shocker to ask each and every one of you actually kiss the stone itself has its place been easy a law, which is similar, which is that you can see from afar. So you still doing the same action, but from afar. So this is a change, while still maintaining the basic elements of the act of worship. So this is Michelle could attribute as you can see, it's a very technical process really all a lot have to sit and go through something and you get the fall into one of these seven categories, which are the seven types of changes will take place, and how would we implement it in our community.

00:33:56--> 00:34:43

Now as with all of the other Maxim's on the show could attribute a seer is governed by subsidiary Maxim's and the subsidiary Maxim's governing it. Number one. When a situation becomes difficult, the law gets easier. When the situation becomes easier, the law gets more strict, right? This is the number one substitute action meaning when we change a law based on machaca it's not a permanent change, things go back to the way it was before, as soon as the machaca ends. So for example, right now, the obligation to pay June are falls away, right when the situation becomes difficult the law relaxes. Once the situation changes and things become normal again. Then when the situation relaxes,

00:34:43--> 00:34:59

the law becomes more strict in print Juma becomes an obligation again, it applies to everything else. If someone is sick, you don't have to fast you get better. You have to fast someone is traveling. You can combine this up to get back home. You can't combine this a lot anymore.

00:35:00--> 00:35:39

So, all of these changes are not permanent. That's what the first Natsume is teaching us all of these changes that are permanent, they are only for the time in which there is the machaca. And as soon as the machaca is over, the law goes back to the way it was before. Number two, I really discussed this one in the previous slide, necessity makes permissible the prohibited things. And as I said, there are different levels of necessity and there are different levels of prohibition. So it might in necessity can meet a minus and halaal a major necessity can make images and so an example of a minus necessity making a minus and halaal. Now these would be the case of masturbation, right?

00:35:39--> 00:35:51

That according to the majority, a must have include the 100 females obviously mindset. But in the modern world, where people only get married when you're like 25, or 30. And they living in over sexualized culture

00:35:53--> 00:36:06

is now a matter of marshrutka that it's either masturbation, as you know, or other masturbation or pornography was enough, you know, and it's masturbation is the least of the three evils here. So it becomes halaal or grew

00:36:07--> 00:36:29

out of necessity to the minor necessity making a minor sin haha. On a major level, the major sins only become halau, when the major sins only become halaal when there is a life and death situation, so things like stealing, or Zina or

00:36:31--> 00:36:55

consuming alcohol, these only become permissible in life and get situations, right, where, for example, someone's life is threatened and they had no or someone's dying of hunger, and you have to do something to survive. These are issues that make those horrid things Hello, with a check to life or, or the life or health writing someone's struggling with physical violence, and forced to descend upon a person is no sin upon them.

00:36:57--> 00:37:08

Number three, very important, what is permitted by necessity should be proportionate. So even if you change the law, it's not just do whatever you want. proportional meaning

00:37:10--> 00:37:50

if someone is dying, and the only thing available is alcohol or pork, it doesn't mean they can have a buffet, or they can eat to the full party have a five course meal, no proportion, eat or drink enough to survive. I can see what it comes from a super eat or drink enough to survive. So the changes are proportionate. Likewise, in you know, when it comes to things like masturbation, we would say that, as I mean, anyone can do whenever they want, how much they want, just for fun, no proportionate, when the easy necessity rains, a metal person needed as digital currency now, in general need to be allowed for for those few seconds, right? on when I said it's not a matter of,

00:37:52--> 00:38:07

of Now, whenever you want to do it, right? It's proportionate. Same with the obligation to pray jumar falling away, it's proportionate. So if Juma is still possible with four or five people,

00:38:08--> 00:38:30

and that doesn't affect people's health, as would happen maybe in a drought or a flood or something like that, or in a civil war or something like that, then it will still be obligatory on that number of people as a 45. But wait a matter of people are going to die if they congregate in you know, it'll follow about even more. So again, it's all proportional based on the level of machaca.

00:38:31--> 00:39:06

Number four, what became permissible jujin excuse is invalidated if it goes again, notice all of the subsequent Maxim's are giving the same message, which is that these changes are not permanent, they are all temporary. And as soon as the excuse goes, the law goes back to the way it was before. So the example of this Maxim is if someone is making a young moon because water is not available, as soon as water becomes available, you have to start making do, right, if someone is sitting and praying, because they broke their neck, as soon as the neck is healed, if you start standing in front,

00:39:07--> 00:39:36

if someone is playing at home, because they are ill, or in a normal situation, we're talking about a pandemic, a normal situation, if someone's playing at home, because they are ill. As soon as they get data, they have to start going to the machine again, if you follow the opinion that it's an obligatory appointment to play in drama. So whatever is permissible due to an excuse invalidated, if it goes right when the law changes because of an excuse. As soon as the excuse is gone, the law goes back to the way it was before.

00:39:38--> 00:39:45

Number five, very important necessity does not invalidate the rights of others, meaning you cannot kill someone

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

to save your own life. You cannot commit murder and other things like stealing. While the sin might not be there, you still have to pay the person doctors have to be some kind of repercussion for your crime. You cannot

00:40:00--> 00:40:20

invalidate the rights of others for yourself. Remember, we learned this last week that in Islam, the rights of other people take precedence over, like public welfare takes precedence over personal well being. And so that's why social isolation right now, it's not just about us, it's about public welfare. So you cannot violate the rights of others to fulfill your own rights.

00:40:21--> 00:40:29

So it would be selfish, for example, for people to be still going and praying in the masjid, if it's putting other people's lives in danger.

00:40:30--> 00:40:33

Right? Because you cannot violate the rights of others.

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

Just because, you know, you feel that,

00:40:39--> 00:40:49

you know, this is what you need to be doing. And that goes through necessity. So for example, the one thing that never becomes permissible, even when it's a life and death situation,

00:40:50--> 00:41:19

is to murder an innocent person. In life in this situation, killing a person who is trying to kill you become from a civil but not an innocent person. So for example, if someone puts a gun to your head and says, may Allah protect us from this ever happening, you don't have to put a gun to your head and say, either you kill your friend or I kill you. It does not become permissible to kill your family, you have to just sacrifice your own life instead, because the lives of others takes precedence over our own lives, that is one of the roots of our ship.

00:41:20--> 00:41:25

And the final Maxim which governs the law of inertia is that

00:41:26--> 00:41:33

when the original becomes impossible, a substitute is taught. So for example, and you cannot make what do you make a young woman you cannot

00:41:35--> 00:41:54

win, you cannot fast You know, my dad, for the rest of your life up figure. In our case, I will give you two examples, we would apply with a pandemic to the world facing today. If someone dies from the Coronavirus and you cannot give a puzzle to the body, then you should need to take over the body back.

00:41:55--> 00:42:10

Right. And if you cannot have a janaza dish that is phnrc in absence. So where the original is not possible, a substitute comes into place, right? Meaning we don't just jump to not doing anything at all.

00:42:11--> 00:42:34

The first step is to try and find a word to substitute before going towards not doing anything at all. So these are the subsidiary Maxim's that govern our Chicago education, you see how important this principle is in general, and how important it is to the times we are living in right now. And so let's let's for our final slide, look at the time that we're living in right now, and how this

00:42:36--> 00:43:17

Maxim will govern the fabric of our lives at this very moment. So we are living through a mushroom Ashoka, we are living through a difficulty that is both a disease and a omobola. A common affliction. Right, this is a pandemic, people are getting sick, people are dying, there is a common affliction that is affecting the entire global economy, entire global health, it's affecting everyone in a scary way. So there is now a double reason for us to relax our doors is a double reason for us to change some of our laws to make living through this PDF easier funding.

00:43:18--> 00:43:48

So we will apply for example is caught the omission of obligations. So the obligation to pray in congregation falls away. Right. Similarly, the obligation of Jamaat for delayed obligation of coastal and disease forgery, but rather the last point, I will actually collect myself here also wouldn't be squat it will be done, muscle will be replaced with a mo. So you cannot do causal analysis you do a try the body back. Right? So

00:43:50--> 00:44:30

what we find in our current situation is laws are going to change is not going to be congregational. taraweeh. By the way, by the way. So important to mention this taraweeh is not an obligation. This is a strange to me. It's a really strange idea in our community, that people in South Africa think that taraweeh is a photo a watchable, something that if you don't do it, you're committing a sin. This is the opposite of what Rasulullah sallallahu alayhi wasallam said he only played there are we in congregation three or four nights and then when they asked him why he stopped, he said because I do not want it to be compulsory upon you. Meaning the prophets always on did not regarded

00:44:31--> 00:45:00

obligation. So why do they do Muslims regardless of application, this is really baffling to me. The prophets have always explicitly said something, a practice something and then we go in the opposite direction. So in of itself, the rally is not an obligation and the Sunnah is to pray on your own. And the only reason we have communal prayers is because most people are not going to pay and they also easily end up doing something. Right. So this Ramadan, it may be best that everybody placed on our planet

00:45:00--> 00:45:02

All artists with their families in Yamato

00:45:03--> 00:45:08

may even have to see each salon may fall or fall together maybe know each other this young adult

00:45:09--> 00:45:22

is caught will apply there as well they may be known each other see as well for the people who are suffering with the actual sickness can the issue of Deaf hearing coming that delaying by Can you say fasting Ramadan up fast after Ramadan when they get better.

00:45:24--> 00:46:00

For those who are chronically ill from it, meaning there's no chance of recovery, then Tao comes into play that they need to pay feature for the past few months instead. So all of these different principles are going to come into play now with different cases of different people. All of these different principles are going to come into play. We are living through a case study of our machaca detention equities here. The we call the quasi relaxation of the law. And now it is the job of the automark to explain to the people, what changes take place where the easy spot or ambition of obligations were the Easter doll, substituting ego with another law.

00:46:01--> 00:46:25

With the staff here it is delaying an obligation to after Ramadan, all of these things come into play now. And it is our duty to explain this. And finally, when the affliction is removed, everything returns to normal once the pandemic is over, drama becomes compulsory. Again, that goes back to normal, everything goes back to normal, right? It's only as long as the machaca exists, that we have to

00:46:27--> 00:47:10

change the laws accordingly. As soon as the machaca is removed, we go back to the baby we're so the situation we are facing today is a clear example of how beautiful and flexible and practical the Sheree of Alaska handler is. It takes into consideration all of these difficulties that the oma will face in the lives and accordingly Allah has made the loss easier for us when the difficulties Allah Subhana Allah has promised us that life is going to be a test. And we are going to be tested with fear and hunger and loss of life and loss of wealth and loss of effort.

00:47:11--> 00:47:21

Especially for the need to give good news to those who have suffered. What we are facing right now could be all five. What we are facing right now, everyone's experiencing fear.

00:47:22--> 00:47:25

Some segments of society going to fear are going to face hunger.

00:47:27--> 00:47:29

A lot of people are going to experience death in their family.

00:47:31--> 00:47:43

A lot of people are going to experience an economic collapse, losing their job to the businesses losing whatever they have to protect us or people are going to see the efforts over the past few years go to waste.

00:47:45--> 00:48:01

All we can say is for Bashir salvini give good news to those who are patient and letting it flow but most people don't call the inner Lila Rajan. Those who win aim Seba have fixed MPC to allow it belongs to Him we return or was behind Allah has promised to test us

00:48:03--> 00:48:04

and so we are being tested.

00:48:05--> 00:48:52

Our job is to be patient, to pray Our Salah to adjust the laws accordingly. And whoever passes away upon demand during this time, dies the good of the Shaheed all of your sins are forgiven. And whoever survives it will have the rewards for the server. Allah will grant him ease of the archer. So we end this presentation on that note, Allah make it easy for all of us may help us to survive and thrive during these difficult times. me give us the sovereign and the man to come out from this better Muslims close to him. Make easy for everybody who is suffering who is going through sickness or loss of life, loss of relatives or loss of income during this time. And we end this difficulty in

00:48:52--> 00:49:30

our lives as quickly as possible. Call upon everyone to repent for our sins because indeed, We live in a time to become more serious than perhaps ever before. And we don't even take our sins seriously. is the time for us to reflect in our own lives our own sins, her own mistakes, ask Allah for forgiveness, make some changes. Perhaps if enough of the Houma pens allow will love this machaca from us. Bella made things easy for us may give us the ability to survive this me he helped us to cheap the rewards of this. Walker dawanda I'm delighted to be alameen wa salam alaikum warahmatullahi wabarakatuh