Channel: Jamal Zarabozo
Now we'll be living.
Ghraib pleased to
have you today
is my first trip to England since I was about three years old.
let me just before I begin my talk, I noticed on the flyer, there's some
dating, leading authority and
a leading authority of customer in the USA. And this is a
thing which I think we've picked up from the far in their advertising, right.
And we should be honest, and not try to graduate
who's worth listening to them over the years to be efficient with listening to them, no matter what
you give them
And in the time that we have,
we have actually picked a very big topic.
Or the reason for the difference of opinion among the fuqaha, or the jurists? And how do we approach? Or how do we deal with those differences of opinion.
So we're not really going to be able to
concrete much and I think it might be best
if I tried to try to try to try to limit the time that I speak, and allow you to ask as many questions as you can. Because then, on questions, I might speak about something. Not necessarily that relevant. Questions are usually from the audience, they are things that are relevant that are necessary, because as
they said, This topic
is a topic that
many books have been written about it. Some some of those books are about 600 pages long. So obviously, we're not going to be covering
even just a small amount of stuff. However, let me begin by mentioning a hadith or a famous Hadith,
the antithesis of Iraq. Now, the differences of opinion among my mother's a mercy. And I mentioned that I needed to sit in this lecture, to first of all mention that that is not an authentic hadith is not a Hadith of the problem.
And anyone will find differences of opinion, we shouldn't look at the difference of opinions, they will
develop the opinion of mercy, and therefore let's just accept whatever opinion there might be, as I talk about at the end of how to approach different, different opinions. But instead, we should realize this, we're always seeking and looking for the truth and shall law and the correct way to worship Allah.
And many of you may have been may have grown up
as Muslims, some of you may have converted to Islam.
And I think all of us, which are not all of us are Muslims, we have either come to Islam or we have remained as because we want to worship Allah subhanho wa Taala correctly and we want to go through.
So that's also related to the case where there's a difference of opinion among among the scholars shall as I mentioned,
now, I have divided the difference of opinion among the scholars into four types and this is my own.
And after reading many books on this topic, I have come up with this division. So you may note that you wish or inshallah you might benefit from.
I have divided into what I call practical
causes of practical reasons, we'll have lots of different opinions, and then theoretical and then differences of understanding and then problematic issues that have led to differences. And so I think as we discussed some of them they will become
Not clear as to what exactly I mean by that.
Let's start with the practical differences, because they are the most obvious, easy to understand, easy to understand. And in essence, they are also the easiest to deal with
the practical differences. What I mean by that, for example,
is that when a slaughter and by the way, there is a difference of opinion, and even if the score is as we fear as possible, and uses all of his efforts
to come to the truth, these causes may still exist, or may still cause some differences to exist even amongst those
who are as easy as possible who are not willing or not trying to sweep the floor, we're deviating from
when we put a question to a store,
or when a store has to make a decision about a certain issue,
sometimes there is a headache about the issue. Now, some of these things are related to Harry's in particular, because the nature of the heaviest body of Harry's not as different from France. So therefore, many times, as I said, we'll be talking about headings, but sometimes even they are even related to.
So when you ask it for a question,
if there is a particular headache
about that issue.
And this score is not familiar with that.
Because the body of Harry's literature is quite, quite large, even some Sahaba not, you know, the Sahaba did not spend all of their time with the problems.
They had their families to take care of they had their livelihood to maintain
something like a renaissance all of a sudden with both of them. So fortunately, it was with his wife,
because he devoted himself to that exists in the mosque. And
so even among the Sahaba, you can find this case where an issue comes up a question comes up, that requires an answer that requires a solution.
And that actually exists the hand is above that particular issue.
However, the person who is being asked or the person who has to give the answer to that issue, he himself may not be familiar with that.
So what does he do?
Well, if it's a question that needs an answer that time of course, he will do some research, for example, nowadays. And this is something like this. Most people have the ability, if you if you for example, if I receive your question, I have the ability to go or the time to go and search for it. Suppose I search for the answer. And there's the headings existing but I still don't find the headings
at the top.
Okay, so the head doesn't find the end, however, the answer is needed.
So what does he do?
Have a doctor for example, during the ovoca, a woman came to him the grandmother asked what is her share in the inheritance? And he said, I find the book of Allah No, no shift for you. In her particular in her particular case,
for example, did not know about the word or not the editor did not know about the Edit concerning whether or not Megan
should pay the JVM.
Or these are decisions or things that need to be decided. So the minister has has to make his behalf
because he doesn't want to hide it. Obviously, if you know that if the worker knew that the power system gave the grandmother one six.
Then obviously you say the process and give 161. If I knew the head is about three majors like you treat the hell to death, he would mean that they didn't. So they have to in that case, the Mr. Head has to make it
when you make he has
one of two things happens either is if the hash is consistent with the Hadith from sustenances he didn't know about or it goes against the head at
one time, even Massoud was once asked about what is the situation of a woman who got who got married. However, the matter was not declared or status, because the matter is not from the account of the device. And you can get married and you can state the mark later. So instead what is the situation of the woman who gets married? And the question was put to him What is the situation of the woman who gets married and her mother has not been stated?
and her husband died before
before they get a chance to decide what,
he didn't know of any headaches in the public sector him about this. So he had to make it he had.
So he said that her mother shouldn't be the mother of the women who are similar
with the system woman who are similar to her like her sisters, whatever and they got to a certain level, then she should get the same outcome
from the inheritance.
I mean, it comes up first from the husband's walk before.
So, one person said that this is this
is the same conclusion or the same judgment, that he heard the process or the mechanism
for building muscle that was the happiest day of his life. And he was able to make it he had and he knew for certain that that His hair was correct and consistent with the editing process.
So, in the case, where the score makes sense, he had and his he had his in accordance with the headings and proper system that we find out we find that out later we discover that and below that tradition.
But what about the cases where a scholar makes it he had in that case, and we had he may or may go against the habeas corpus
Ohara for example, used to have the opinion that if you wake up by Pakistan, during the month of Ramadan,
and you are in the states of Geneva, you need to make most of you have mangoes, and you wake up after the time budget already begin. It said in that case, you do not.
And Allah was the thing is the requirement that you make water before
because he did not know about the sooner the practice of the processor, the more respected.
So some people went, took this bus was actually it wasn't even his first one he he got from another one.
But in any case, they took his cutter, they took the semen and they went to some of the wives and from Himachal Silla
and mentioned that to them. And they said no. Sometimes we would get up with the processes. And we had also and we would make vocal as per your time. And
so here we have the case where we find out the eddies and the heaviest contribution.
So they went back over Beretta and they informed operator about the situation and immediately what did he do? He changed the thing.
And he goes, according, of course, to the additive process, and yet you actually have no choice. Right? You have to follow the Harrison process. And as soon as the process cillum you cannot use your mind or your own he has and make some conclusion and find it goes against the heads of provinces in him. But you say well, that's okay, I'm just gonna form it.
And we learned that from the from our from our worker,
and the example I gave her from, from mobile data, we find that this is the case that if you make you see how to or someone makes it she has, and it did she had is wrong. And he's shown that is wrong, then it goes against for example, Harris, who promises silom then he has to change his opinion and he has to follow the
the promises. Now with that Mr. It will be simple, but it is
very simple. In fact, after this evolution,
and if he was sincere, and he was trying to follow the truth.
And he wanted to follow the truth, that even if he was wrong, he will get better.
Because the proper system says that if a hacker more of a judge decides something.
And he he exercises this gentleman to decide something and he is wrong. Or if he's right, he will get through rewards if he is wrong, he will get the reward of using an effort to find what was the truth.
So that means that for example, in this case, and I'm kind of taking this one case, giving other principles related to
my watch it's already 937 930 this morning, so I guess we still have quite a bit of time.
The so from this,
from these incidences from this situation, and from this headaches and promises and and we can see some some important principles that we should keep in mind when dealing with
differences. Number one, if the score makes a mistake,
that is not a blemish on his scholarship that is not a blemish on his piety. I mean, a worker made a mistake.
Which is not our main he had which is wrong
with farming and singing which is wrong.
Not only is it not a blemish on their on their character or on their scholarship, but if we have no reason to doubt their intention, we have to believe that inshallah they will be rewarded for what they did.
And that's not just true with respect to aubusson, and so forth. But that is true for all the scholars who came after them that we have no reason to believe that they have some wrong intention in what they're doing like Imam Malik, Abu hanifa Shafi
always try to stick them in chronological order. So nobody thinks anybody asked me why did you say that we understood the chronological order, I could give an alphabetical order.
And he they they made a mistake in there, he
still had that when he had.
And if we see an obvious mistake, that in other words, they give it if they made an error, which goes against a handwritten process,
then our approach that is that in this case, he was wrong, we have to follow the process. And may Allah reward this instead for is it.
So that does not change his test at all. Unfortunately, sometimes when you when you when you say that,
when you say for example, in MSRP was wrong.
And people get the impression sometimes if you are attacking emotion, how can you say that? He was wrong.
It was a case like this, this is one of the cases. Again, it's one of the cases of
difference of opinion, among the among the flaws of the case like this, where you have a clear Harry's and promises tell them
and you have a man with sharp his statement
that goes against the heads above
then is the head is wrong or mmcf is wrong, it is the best thing to assume the best thing to assume is this email Michelle, we did not know this heading. The other good thing you can assume but this is one of the best things that you can assume. So you have to look to Allah to reward him for his efforts. But on this point, you know, is he still a scholar? They still email? Sure.
I mean, have you ever been in the course where you make one mistake and you get an F?
I hope not.
I mean, I heard the schools are tougher here in England than in the States.
And they're not to that extent. And if that if that were the kids, you know, then every every one of us, then we should consider ourselves, F
or F from everything, because I'm sure every one of us makes mistakes. And we know
that that should be our attitude, with respect to recognizing, for example, a case like this, we ask Allah subhana wa Taala to, to reward them instead. And at the same time, we follow the correct headings of the process. And in fact,
all of these
have been ojima. Throughout the history, all of them, show that I mean, this is what they thought.
This is what they thought that if there's a headache, which is authentic, that goes against something that they have said, then just ignore what they've said, and for the authentic.
Because then the problem we are obliged, absolute obedience to Allah and nobody else not to overwork or
not to even taymiyah Tamia, not to anyone today, we are obliged to have absolute obedience to Allah and His messenger. And if anyone says anything that goes
contrary to what these messengers said, that were towards the messenger, then either
conveying the promise,
then we have to politely reject what they said and follow the advice or the truth come from.
Some people go off into other things and say, Oh, well, my Imam, whatever that might be, must have known that at least we're going to remember we must have known had that idea. Well, he didn't apply for some reason, or he rejected it for some reason and so forth. Well, that's, that's possible. That's possible, but
from the point of view of principle, what principle should we apply here?
It is much deeper and much more correct from the point of view of the text of the Quran sooner.
For you to assume, first, for example, this Imam Shafi didn't know that anything for the Hadith was involved. And then you may study Why did he come shall be different from you. And if you find, oh, he has some focus that had it was abrogated, for example, or something of that nature. Then you follow him he shares his opinion and you don't fault it. If he has some proof that you're not supposed to go there.
In other words up to or the basic position the first position is follow the head is this authentic? Go The head is
then go if you're still worried about why did he mention we have a different opinion instead of saying no mmm shopping must have known that at ease and must not have followed it for some reason. You are making an assumption there and you're making a big assumption. And then based on that assumption, you're following him and myself we rather than following
the mistake, you have no proof for what you said. You just made that assumption though he must have known that and if no one has the knowledge of himself wrote about the Arabic language and about the Sooners brother system. No one knows all of the Arabic language although he said all the herbs together they know the Arabic language. And no one knows or no one person knows all the sooner the farmhouse isn't that interesting.
So, instead of making this assumption,
that you would rather follow him on the shelf and assume that he must have known anything, he must have some reason to not to follow you for the editing software.
And if you want to study it and discover why mmcf isn't forward, then you might find Yes, he has some evidence not too far with this, he knew that anything.
And I can give you
some examples of that if I remember
the person knows the headache.
However, in his opinion,
he feels that the headache is not authentic.
So the idea is not authentic, it is actually not you cannot look at it as an evidence.
So in that case is the head is not authentic, then he will he will ignore it as an evidence and he will make it to the head again.
Based on other evidence.
And you put them we might know another Quranic verse, which is somewhat related to the question. Or he might know another Hadith which is somewhat related to the question. So instead of following this adage, which is not authentic, in his opinion, he uses those other two evidences and he derives a conclusion from that.
Okay, however, that might be authentic.
Maybe the way that he himself heard that head is for example, fiction in the early years.
You could have
Let's leave this for now.
You could have officially in the earliest example. You could have what Heidi's
did which is that the inner Matic through an authentic chain. And he knows that this palette is authentic.
over that same had his rich rich regions, for example, Abu hanifa through a weak chain, so he's the reason he loves it, that was his head is not authentic.
So he ignored it. And he makes he had based on other evidence,
what Mr. Merrick knows because of the different changes, he had the different way that he received the head, he knows that they're habitus authentic. So, he bases his opinion on that any. So, you have the head if you have the opinion of America, which follows the head if you have the opinion of Abu hanifa which goes against the edits because the way he received it was not nothing.
Now give you an example from Imam Shafi
in the in the shaman have
most of the shabbiest scholars especially those who perhaps do not have that strong background, I mean
most of the Sharpie scores are of the opinion that if you touch you touch you
owe them to me sir I love how much Allah describes mouthwash or lemons to me Sir, this means that talking about making Moodle or purifying yourself before the prayer, Allah subhanho wa Taala mentioned if you touch women while here the touch here, I mean you cannot really
you know in English we do not have a structure where sometimes the the word in Arabic tells you that two people are involved or it's an intensive board meaning that
dressing the action itself and so forth, we cannot really translate those into English. However, you could understand this verse to mean touch as in touch.
So on the Sharpie mother any touch, any touch between a man and a woman, any woman you have to make
it invalid you
so mmm shall be derived from this. This word from the Quran that was the evidence that he had. However,
however, at the same time, though, he
With the added divisor
in which it states that the process would pisser sometimes, or actually, he said use the system of his wife must be used.
So they have the heavy divisor, which she says this processor would kill some of his wife, by the mistake can also be
one or some of the worst and then go and pray without making.
That goes against the shepherd man. But this is a perfect example of the kind of thing that I was talking about. It's not static, and it's actually according to most of my editing, it isn't authentic. But it reached the way it reached the manager after he was not convinced that this is an authentic case. However, after stating this, after stating his conclusions, that
any touch of a woman you have to make,
it said, however, if the headies device is authentic,
so here, we know that you knew this heading.
And we know that he did not think it's authentic.
But he stated clearly that this is this is authentic, then in other words, my mother has not if you touch any woman, you have to make a rule but my mother.
So there we have that case, where actually the store knows the holidays, but because of the way it reached him, he doesn't think that this is authentic, while in fact, the scholars of Hadith or other scholars know that it is authentic. So therefore, he ignore that as an evidence and he follows
other evidences that he has to make it and again, it
may be incorrect, you go against what the score is another case where
it is fairly simple,
fairly simple for those of you who are into hobbies,
to be able to go and see what the other hand is, say about. Because like any any specialty, you know, if you
know, if your teeth are hurting, for example, you probably don't go to a gynecologist.
And he goes to the specialist in that field, and you trust the decision. I mean, even if you go to a general practitioner, excuse me,
you cannot always trust the conclusion the general practitioner, right, or he may not always be able to help you, they'll have to send you to a special
seminar with respect to Harry's. And if he wants to know about Harry's is authentic or not, you should go to those people who are specialists.
Unfortunately, not every Sophie
not every module is a theme that we're talking about today.
Not every person who writes and deals and studies with is specialized or really deep into it.
And that's why you find in many of the books of historically speaking, you'll find many weak and even something fabricated even the book was.
So they might reject the idea which is authentic
in their books and say, Well, this is
if you're in America, just about anything, and therefore we're just going north and make which you have. So here you go to the stores and ideated they say this additives authentic. Again,
you know, starting with the indication,
maybe we'll take up all the time with indicators, I don't have to worry to get up. Again, in that case, you are allowed to hand over to Allah to reward the monster head for what he did. But you follow through follow with a script.
A slightly a slightly different case. And perhaps this is a little bit more difficult. Because now we're again getting a little bit deeper into
into the area of learning how to
read. And this is where and now we take the same Heidi
with the same chain for example, the same source.
Remember last time I said we have marik and ohanaeze on each one got headed through different ways. So he got it through an authentic way he got us through a weak way. So he rejected and he
was a little bit more difficult is where you find the stain.
What had is the same chain? And two scores disagree about whether that one had these results and if
you understand the differences between the two. So now we're talking about the same, basically the same data to us monitoring Do we have the same data? In the first case, the two people had different data so they ended up with different conclusions about the hedis. But now we have one data and one exam that includes it's authentic and the other ones conclusive.
that much more difficult case, because here and you have to know really here, you really have to refer to the species have had it for them to determine which one of these two arguments is correct and so forth. And even then sometimes the the scholars of Hadith themselves might just
there's one case as a rare case.
It's not complicated, but there's one case I can give you, in which at least one scholar said the same had, it's about the same idea that it's fabricated. Somebody else is weak, somebody else that is causing somebody else that they're all well known for.
It but as I said, handler as a rare case, usually the scores of Eddie's throughout history, the leading scholars of Hadith are well known, and usually Hamdulillah, they pretty much agree on
what is the conclusion
So these are some of the practical reasons, for example, have you solid in here that I needed to know about, or he didn't receive it through authentic means, and so forth. So therefore, it has to make
jello when he makes it because even if he's mistaken, inshallah Allah subhanho wa Taala, reward him, but it's our obligation to sort of speak neglects his opinion, when it is wrong, and follow the Hadith or the way of the problem promises. And there's other aspects that are related to your practical differences. But I want to discuss some of the other
And I said, I will leave you plenty of time for questions.
And we'll keep
I may have changed my mind.
area, and this was a much now this is this is really
the first, the first area that we discussed, relatively simple, relatively easy.
An entry anyone in most cases can really find what is the correct approach in this case, is decided not to go to the store? And you can find out? Is there anything authentic or not. However, we have another
set of reasons for differences of opinion among the scores. And this, that is much more difficult because
this is really based on as well, it's based on a science, this is the science of,
what I call Islamic legal theory,
called Islamic legal theory, because it seems nobody applies.
Now, in the case of that, we have, as I said,
a completely different situation in that. Now, the method of methodology that is being used, is different.
And because the methodology is being used different I mean, when you talk about the formulas,
for example, the flow Well, normally,
when we talk about four different schools of thinking, we're really talking about four different schools of students, or four different methodology or approaches to
don't know, I mean, I don't want to lose my election. But actually, even among those four, if we want to break it down a little bit more, we really have two major schools, their major approaches, the approach of what are known as the jurist and approach is
what we have here now as a difference in the methodology of how to derive Islamic law.
How to derive Islamic law, and this is this is, this is really the topic where and large books have been written about this topic and so forth. I'll just give a couple of examples and sometimes
I'm trying to pick those examples that I will have to explain as little.
Well, let's take let's take,
let's take an example here. You can tell me if I'm doing something completely wrong.
This is a question of
it's called Rama Manasa. In case
this is the case where in the in the Arabic language sometimes
a word or some, some portion of the sentence is is not stated. However, it can be
Understood or it is implied or you know that it is implied.
However, sometimes the extent or or
and what exactly is implied sometimes is different. Okay.
I'll give you an example from
Alison Hannah what God says about those who
who are fasting.
woman cannot Norwegian or Allah Subhan Allah subhanho wa Taala says that those who are sick who are ill, or who are traveling, what does Allah subhanho wa Taala say?
And Allah subhanho wa Taala says that the one who is sick or who is traveling,
he had to pass the same number of days other days in other words while traveling while traveling or sick during Ramadan, you don't have the best right
now no one except for a school cook which is called the body mother. No one applies that verse
in the way that it stated.
No words there is something not stated in the verse however it is understood it is understood sometimes through linguistic means sometimes because the evidence isn't
because the verse literally
that whoever is
sick or traveling, then he has too fast the same number of other days. What does that mean?
Have you ever been sick during warm up?
Okay, I mean, you don't if you were all like 1213 years old, I could imagine know the answer.
Okay, did you ever fast while sick during a lot?
Okay, so you fasted while you were sick during all that? Did you make up those days again later?
Because we know through our evidence that what this verse means that
there's something that isn't stated actually in the in the verse, but we know that that means
Okay, the versus the vs meaning is whoever is more reason or are suffering for after all, and he breaks his fat, then he must pass the same number is
listed, there's only one school of thought, which is the body Remember to remember about that says, No, if you are if you are traveling or you're sick, and you still fat, that doesn't matter, you have to make up those these days. Which we know from other evidence, as I said, this, the meaning of this verse is that if you're traveling or you're sick, and this is the part that isn't mentioned, and you break your best,
then you have to make it up other day. So this is this is this missing portion or last date? Unfortunately, I would say missing one time
in a lecture want them to know what's missing, okay. Not this not data portion, this is known as a mokuba.
Now, the question is sometimes like in this case, is not the the or the non status portion is very clear. And all the scholars agree that this is the meaning.
Don't worry about.
Okay, that's a great case. What about the case
in which Allah subhana wa sallam which the Bose system has stated, again, I'm going to give you now the literal meaning of what is stated.
That Allah has removed, and in other words, this will not be present among this oma, Allah has removed from this
Actions done out of a fake forgetfulness, or people.
This head is about
What does it mean? Does it mean what he said? And he doesn't mean just the words that he said, or is there an awful lot, which is a very common thing in the Arabic language. There's something that he did not say it
was clear, and everyone agrees that there's something not stated here.
Because what the headings literally states is that you will not find people making mistakes, you will not find people doing things that are forgetfulness, and you will not find people having to do things.
But we know that that's the case.
We know that we I mean, I have done things. I mean related to for example, some of the services that you may come to
If we get something wrong right.
So, these things exist in this day things exist.
So, that obviously is not what the problem is as men.
Instead Allah has removed
something related to do
is remove something in relation to those What
if you are if you if you make a mistake or you center your center
okay. So, lots of data what data is removed the sin of that thing right. So, that in the hereafter if you do something by mistake or forgetfulness or under compulsion, you are not considered a sinner and in the hereafter you will not be
but could imply something else.
See, now there are some who say that if there's not a lot of there's a non status portion, then you you the the thing that you assume about its meaning is the minimum cost.
What else could there be besides sin this
has to do with the other world right?
What about this?
What about the hukou or the ruling of the thing?
Okay, so here's the macula, some sort of will say this is just the sin.
Okay, Allah has removed the sin of these actions, because they know masa is the same as the hub.
And they will bring evidence from other heads and so forth to show that the problems SLM has shown that when you make a mistake, or you do something out of forgetfulness, also, the warning of that thing has been
removed. I'll give you an example. Where these two schools now defer these two approaches to this question, is there generality or can you assume more than one thing with respect to the most of that, or it has to be the minimum but it is the theoretical difference, right?
Take a personal Ferrari or take
most of our something misstated. This is a theoretical difference about how to deal with it. And each school.
Each store has the evidences for why you either generalize it or you don't generalize it. Now, this is not a class.
This will just go into the evidence and score.
So suppose you're afraid.
Right? So you're in prayer, and someone comes in and says that I'm worried.
And you forget you're in prayer for a second. Four out of mistaking and it's okay. Because it used to be okay. You remember those headings that used to be okay, and you forget those heaviest thing, which is the navigation.
You save? They don't want to come back.
Okay. Have you now invalidated you for?
Yes. How many thing is you?
Let's see what?
Okay. All right. How many think No, you haven't?
How many of you weren't praying in the first place? Apparently,
a lot of people didn't raise their hand and either yes or no.
This is our second race when he first came to England many, many years ago, studying I think in the University of London, or PhD in philosophy. He said one time they had a debate between a priest and it was about the existence of God.
After the debate, they took a walk from the audience.
Which ones they agree with you believe you agree with the phrase, if God exists, you're playing with it. You agree with the atheist
the only one was saying everybody else says yes, I believe I don't believe it. What do you mean you abstain? Is it yes, that I don't agree with him that there's no God, but I don't believe in this men guns.
So here, I don't know what the abstention here mean.
But it's part of the answer this question depends on
how do you how do you deal with this trauma.
If you say that the hokum the ruling and the sin is removed,
then the person has not invalidated is
because Allah has removed the ruling in the sin of things that you do out of forgetfulness, or mistake.
If however, you say no just the sin has been removed, the ruling remain. That means
Now you have been valledupar
So, because of the different
approaches to this one question you will come up with different
You will come up with different different different conclusions. So,
as I said at the beginning this is a very large topic and we begin very late to give the
give you a lecture, which is probably more important than
this lecture. So, I'm going to have to stop now. So, we do have some time for question answering before we have another for later today assume today So,
I will not even try to give you the meaning what do I mean by the other two