Mohammad Elshinawy – Shariah Fiqh & The 4 Madhabs

Mohammad Elshinawy
Share Page

AI: Summary ©

The transcript discusses the meaning of today's message, including the sharia and its elements, including the importance of finding a guru or teacher. The speakers also touch on the confusion surrounding the concept of "fit and not fit" in sharia law, and the importance of understanding the concept of "fit and not fit" in sharia law. The discussion also touches on the use of "monarch" in Islam and how it can be used to dismiss disagreements among studying.

AI: Summary ©

00:00:00 --> 00:00:02
			So what is the meaning of the word
		
00:00:02 --> 00:00:02
			Sharia?
		
00:00:03 --> 00:00:05
			Obviously, the is in front of you.
		
00:00:05 --> 00:00:07
			Allah Subh'anaHu Wa Ta-A'la says,
		
00:00:07 --> 00:00:12
			istajibu lillahi walirrasuli itha da'akum lima yuhyiikum
		
00:00:13 --> 00:00:16
			Respond to Allah and his messenger when they
		
00:00:16 --> 00:00:19
			invite you to that which gives you life.
		
00:00:21 --> 00:00:22
			That's what Sharia is all about.
		
00:00:23 --> 00:00:26
			Sharia in the Arabic language to the Arabs
		
00:00:26 --> 00:00:30
			originally, it meant the path to the waterway.
		
00:00:31 --> 00:00:34
			And you know, in desert life, water is
		
00:00:34 --> 00:00:38
			even more so, even more central to survival,
		
00:00:39 --> 00:00:39
			right?
		
00:00:40 --> 00:00:45
			And so the Sharia, Islam now, the revelation,
		
00:00:45 --> 00:00:49
			the Quran and Sunnah, adopt that term for
		
00:00:49 --> 00:00:51
			the revelation, for the religion.
		
00:00:51 --> 00:00:54
			That the religion is the path to survival.
		
00:00:54 --> 00:00:57
			The religion is the path to nourishment, to
		
00:00:57 --> 00:00:59
			sustenance, to thriving.
		
00:00:59 --> 00:01:01
			So just as water is the source of
		
00:01:01 --> 00:01:05
			life, the complete life here and the eternal
		
00:01:05 --> 00:01:07
			life there are only made possible through the
		
00:01:07 --> 00:01:10
			revelation of Allah Subh'anaHu Wa Ta-A
		
00:01:10 --> 00:01:10
			'la.
		
00:01:11 --> 00:01:13
			Already you're noticing two things.
		
00:01:14 --> 00:01:17
			Sharia is not just specific to Islamic law
		
00:01:17 --> 00:01:19
			in its original usage.
		
00:01:19 --> 00:01:22
			It's not just the exterior or external physical
		
00:01:22 --> 00:01:23
			practices of Islamic law.
		
00:01:24 --> 00:01:27
			All of Islam, theology, the creed, the belief
		
00:01:27 --> 00:01:30
			system, the ethics, the morals, the laws, the
		
00:01:30 --> 00:01:33
			legal regulations, everything would fall under Sharia.
		
00:01:34 --> 00:01:36
			And the other thing that becomes clear from
		
00:01:36 --> 00:01:38
			this definition is that the Sharia is not
		
00:01:38 --> 00:01:43
			a subset of Islamic law.
		
00:01:43 --> 00:01:44
			That's the other extreme.
		
00:01:44 --> 00:01:46
			In some people's minds that have been watching
		
00:01:46 --> 00:01:51
			too much Fox News, too much Islamophobic rhetoric,
		
00:01:52 --> 00:01:55
			Sharia equals the prescribed punishments, the hudud, the
		
00:01:55 --> 00:01:57
			penal code in Islam.
		
00:01:57 --> 00:01:59
			And there's an excellent paper, if you're interested
		
00:01:59 --> 00:02:03
			in the subject, published by Yaqeen Institute, authored
		
00:02:03 --> 00:02:06
			by Dr. Jonathan Brown from Georgetown University about
		
00:02:06 --> 00:02:07
			the hudud punishments.
		
00:02:08 --> 00:02:11
			And in a nutshell, the AI summary of
		
00:02:11 --> 00:02:15
			it is that if you look at any
		
00:02:15 --> 00:02:20
			of the standard legal encyclopedias today, any of
		
00:02:20 --> 00:02:22
			the four major schools, you go to their
		
00:02:22 --> 00:02:26
			10, 20 page encyclopedia on Sharia as Islamic
		
00:02:26 --> 00:02:28
			law, less than 2% of it will
		
00:02:28 --> 00:02:30
			be dedicated to the punishments.
		
00:02:30 --> 00:02:34
			And most of that 2% is actually
		
00:02:34 --> 00:02:37
			about when not to apply these punishments.
		
00:02:37 --> 00:02:40
			Because the Prophet, Alayhis Salaatu Was Salaam, said,
		
00:02:40 --> 00:02:42
			Idra ul hududa bish shubuhat.
		
00:02:42 --> 00:02:46
			Avert, do not apply the prescribed punishments within
		
00:02:46 --> 00:02:47
			any reasonable doubt.
		
00:02:48 --> 00:02:50
			You always err on the side of caution.
		
00:02:50 --> 00:02:52
			So Sharia can't mean this.
		
00:02:53 --> 00:02:57
			And it originally doesn't just mean that which
		
00:02:57 --> 00:03:00
			is practiced in the ritual or legal sense,
		
00:03:00 --> 00:03:01
			it's wider than that.
		
00:03:01 --> 00:03:03
			You know, one of the earliest scholars who
		
00:03:03 --> 00:03:05
			wrote a book called Kitab al-Sharia, The
		
00:03:05 --> 00:03:08
			Book of Sharia, Al-Imam al-Ajurri, Rahimahullah.
		
00:03:08 --> 00:03:09
			It's a book on theology.
		
00:03:10 --> 00:03:11
			It's a book on sort of the Islamic
		
00:03:11 --> 00:03:15
			beliefs, the Islamic doctrine, creed, creedal matters.
		
00:03:17 --> 00:03:21
			This is also why the inseparability of creed
		
00:03:21 --> 00:03:24
			from law is why the term non-practicing
		
00:03:24 --> 00:03:28
			Muslim is actually a little bit oxymoronic.
		
00:03:28 --> 00:03:29
			Like it's self-contradicting.
		
00:03:30 --> 00:03:34
			Like because if you're a Muslim, that means
		
00:03:34 --> 00:03:36
			you've sort of embarked on Allah's path.
		
00:03:36 --> 00:03:37
			So what does it mean that you're a
		
00:03:37 --> 00:03:38
			non-submitting submitter?
		
00:03:39 --> 00:03:41
			The belief and the practice are a little
		
00:03:41 --> 00:03:41
			bit inseparable.
		
00:03:42 --> 00:03:44
			And that was the original usage of the
		
00:03:44 --> 00:03:44
			term Sharia.
		
00:03:45 --> 00:03:46
			Keep that in mind, Inshallah.
		
00:03:48 --> 00:03:49
			We'll come back and qualify it later.
		
00:03:50 --> 00:03:51
			What are the sources of the Sharia?
		
00:03:52 --> 00:03:53
			So where does the Sharia come from?
		
00:03:53 --> 00:03:55
			Where does our creed, where does our law,
		
00:03:55 --> 00:03:56
			where are our ethics, where do they come
		
00:03:56 --> 00:03:57
			from?
		
00:03:57 --> 00:04:00
			Of course, the primary source is the Quran,
		
00:04:00 --> 00:04:02
			the Book of Allah Subhanahu wa ta'ala,
		
00:04:02 --> 00:04:05
			the literal word of Allah that He revealed
		
00:04:05 --> 00:04:07
			to this world and ensured would be preserved
		
00:04:07 --> 00:04:11
			fresh and perfect until this very day and
		
00:04:11 --> 00:04:12
			until the end times.
		
00:04:13 --> 00:04:14
			And of course, the Sunnah.
		
00:04:14 --> 00:04:16
			The Sunnah is the example of our Prophet
		
00:04:16 --> 00:04:19
			Sallallahu Alaihi Wasallam, his statements, his actions, his
		
00:04:19 --> 00:04:22
			approvals, in some cases, even his description, Sallallahu
		
00:04:22 --> 00:04:23
			Alaihi Wasallam.
		
00:04:24 --> 00:04:25
			And that too was preserved for us.
		
00:04:27 --> 00:04:30
			Let me stop for a second and speak
		
00:04:30 --> 00:04:33
			about the authority of the Sunnah because the
		
00:04:33 --> 00:04:36
			Quran being a source, a reference point, an
		
00:04:36 --> 00:04:39
			authoritative reference point is something any Muslim who
		
00:04:39 --> 00:04:40
			calls himself Muslim would agree on.
		
00:04:41 --> 00:04:44
			Whereas there are people who may be skeptical
		
00:04:44 --> 00:04:45
			regarding the Sunnah.
		
00:04:46 --> 00:04:50
			How do I know these Ahadith are reliable,
		
00:04:50 --> 00:04:52
			for instance, are authoritative?
		
00:04:55 --> 00:04:58
			And I don't mean that's fair, meaning it's
		
00:04:58 --> 00:05:01
			justified per se, but it's understandable considering the
		
00:05:01 --> 00:05:04
			amount of misinformation in the information age.
		
00:05:05 --> 00:05:08
			Information overload also includes a lot of misinformation
		
00:05:08 --> 00:05:09
			overload.
		
00:05:09 --> 00:05:11
			So the first thing you do when you
		
00:05:11 --> 00:05:13
			find someone who denies the authority of the
		
00:05:13 --> 00:05:16
			Sunnah is you say, Sallallahu Alaihi Muhammad.
		
00:05:18 --> 00:05:19
			May the peace and blessings be upon the
		
00:05:19 --> 00:05:22
			Prophet Muhammad because he foretold us, Sallallahu Alaihi
		
00:05:22 --> 00:05:25
			Wasallam, that people will continue to doubt the
		
00:05:25 --> 00:05:25
			Sunnah.
		
00:05:26 --> 00:05:29
			Hear one of my statements and say, if
		
00:05:29 --> 00:05:30
			it's in the book of God, tell me,
		
00:05:30 --> 00:05:31
			if it's not in the book of God,
		
00:05:31 --> 00:05:32
			I don't wanna know about it.
		
00:05:33 --> 00:05:35
			And then he said in that Hadith, Sallallahu
		
00:05:35 --> 00:05:38
			Alaihi Wasallam, the authentic Hadith, أَلَا إِنِّي أُتِيتُ
		
00:05:38 --> 00:05:42
			الْكِتَابَ أَوِ الْقُرْآنَ وَمِثْلَهُ مَعَهُ I have certainly
		
00:05:42 --> 00:05:44
			been given this Qur'an and the likes
		
00:05:44 --> 00:05:45
			of it with it.
		
00:05:46 --> 00:05:46
			What does that mean?
		
00:05:47 --> 00:05:49
			That means in the legal sense, in sort
		
00:05:49 --> 00:05:51
			of the applicability sense.
		
00:05:52 --> 00:05:53
			They apply just the same.
		
00:05:53 --> 00:05:55
			They have the same authority in a sense.
		
00:05:56 --> 00:05:58
			It doesn't mean that the Qur'an doesn't
		
00:05:58 --> 00:06:00
			have miraculous words that the Sunnah doesn't.
		
00:06:00 --> 00:06:02
			The Sunnah is the words of the Prophet,
		
00:06:02 --> 00:06:05
			Sallallahu Alaihi Wasallam, who Allah protected him, right?
		
00:06:05 --> 00:06:07
			And his lifestyle and his decisions and all
		
00:06:07 --> 00:06:08
			of that.
		
00:06:08 --> 00:06:09
			But the wording of the Qur'an is
		
00:06:09 --> 00:06:10
			special in its language.
		
00:06:11 --> 00:06:13
			But in authority, they are the same.
		
00:06:14 --> 00:06:15
			And this is a matter that is essentially
		
00:06:15 --> 00:06:17
			agreed upon by the scholars.
		
00:06:17 --> 00:06:20
			You know, even as early as the Sahaba,
		
00:06:20 --> 00:06:23
			there were a few dissenting individuals that would
		
00:06:23 --> 00:06:25
			arise here and there that were Sunnah skeptics.
		
00:06:26 --> 00:06:27
			They were a little bit resistant to the
		
00:06:27 --> 00:06:27
			Sunnah.
		
00:06:29 --> 00:06:31
			Imran ibn Hussain radiyallahu anhu, who's a companion
		
00:06:31 --> 00:06:33
			of the Prophet Sallallahu Alaihi Wasallam, one time
		
00:06:33 --> 00:06:35
			was narrating to them a hadith.
		
00:06:37 --> 00:06:39
			And a man kept objecting.
		
00:06:39 --> 00:06:41
			He was being obnoxious in the class.
		
00:06:41 --> 00:06:44
			And he was saying, tell us about God's
		
00:06:44 --> 00:06:44
			words.
		
00:06:44 --> 00:06:46
			We don't wanna hear anything but God's words.
		
00:06:46 --> 00:06:47
			Even notice how it's framed as a sense
		
00:06:47 --> 00:06:48
			of piety, right?
		
00:06:48 --> 00:06:49
			I want God and God only.
		
00:06:51 --> 00:06:53
			So Imran ibn Hussain radiyallahu anhu said to
		
00:06:53 --> 00:06:56
			him, la narda bi kitabi Allahi badala.
		
00:06:56 --> 00:06:59
			We would never accept an equivalent for God's
		
00:06:59 --> 00:06:59
			book.
		
00:07:00 --> 00:07:01
			God's book is supreme.
		
00:07:02 --> 00:07:08
			But we simply seek the one that understood
		
00:07:08 --> 00:07:10
			God's book better than anyone, right?
		
00:07:11 --> 00:07:13
			There still is an element of understanding that
		
00:07:13 --> 00:07:13
			needs to be explored.
		
00:07:14 --> 00:07:17
			Then he said to him, do you find
		
00:07:17 --> 00:07:19
			the amounts, the designations of zakah to be
		
00:07:19 --> 00:07:20
			in God's books?
		
00:07:21 --> 00:07:22
			To be in God's book?
		
00:07:22 --> 00:07:24
			No, you find zakah must be paid.
		
00:07:24 --> 00:07:25
			But how much do I pay?
		
00:07:25 --> 00:07:25
			It's not there.
		
00:07:26 --> 00:07:28
			Do you find that going around the Kaaba
		
00:07:29 --> 00:07:31
			happened seven times in God's book?
		
00:07:31 --> 00:07:32
			It's not there.
		
00:07:32 --> 00:07:34
			Do you find the rakah count in God's
		
00:07:34 --> 00:07:35
			book?
		
00:07:35 --> 00:07:37
			No, you don't, right?
		
00:07:37 --> 00:07:42
			And so God's book actually directs us, persuades
		
00:07:42 --> 00:07:45
			us to pursue the sunnah because he's the
		
00:07:45 --> 00:07:46
			one applying, modeling for us how to live
		
00:07:46 --> 00:07:47
			up God's book.
		
00:07:49 --> 00:07:51
			And of the clearest ayat, by the way,
		
00:07:51 --> 00:07:52
			in the book, in the Quran, that point
		
00:07:52 --> 00:07:55
			to the sunnah, as Imam al-Shafi'i
		
00:07:55 --> 00:07:57
			rahimahullah said, is the ayah in Surah al
		
00:07:57 --> 00:07:59
			-Ahzab, wherein Allah Subh'anaHu Wa Ta-A
		
00:07:59 --> 00:08:01
			'la says to the wives of the Prophet
		
00:08:01 --> 00:08:05
			Sallallahu Alaihi Wasallam, Wadhkurna ma yutla fee buyuti
		
00:08:05 --> 00:08:08
			kunna min ayati Allahi wal hikmah inna Allaha
		
00:08:08 --> 00:08:13
			kana latifan khabira And proclaim, proclaim what is
		
00:08:13 --> 00:08:16
			recited, oh wives, what is recited in your
		
00:08:16 --> 00:08:21
			houses of the verses of God and the
		
00:08:21 --> 00:08:22
			wisdom.
		
00:08:23 --> 00:08:25
			What is recited in their house that's not
		
00:08:25 --> 00:08:26
			the verses of God.
		
00:08:27 --> 00:08:29
			The words of his Prophet Sallallahu Alaihi Wasallam.
		
00:08:29 --> 00:08:33
			And why are they being cautioned about withholding
		
00:08:33 --> 00:08:33
			any of it?
		
00:08:34 --> 00:08:37
			Because this is revelation for the world.
		
00:08:37 --> 00:08:38
			It must be proclaimed.
		
00:08:39 --> 00:08:40
			Mention it, it would be a crime to
		
00:08:40 --> 00:08:41
			not mention it.
		
00:08:41 --> 00:08:41
			Why?
		
00:08:42 --> 00:08:43
			Because that means you are burying a part
		
00:08:43 --> 00:08:44
			of the religion.
		
00:08:44 --> 00:08:46
			So his words are an integral part of
		
00:08:46 --> 00:08:49
			the religion, as are his practices Sallallahu Alaihi
		
00:08:49 --> 00:08:49
			Wasallam.
		
00:08:50 --> 00:08:53
			And of course, our scholars understanding the value
		
00:08:53 --> 00:08:55
			of this also went to such great lengths
		
00:08:55 --> 00:08:57
			to verify his words.
		
00:08:58 --> 00:09:00
			So like they don't just accept hearsay that
		
00:09:00 --> 00:09:01
			the Prophet said or did.
		
00:09:02 --> 00:09:07
			They developed an extremely sophisticated system to vet
		
00:09:07 --> 00:09:10
			a rigorous authentication process to vet what can
		
00:09:10 --> 00:09:11
			be called sunnah.
		
00:09:14 --> 00:09:16
			Without taking a deep dive into it here
		
00:09:16 --> 00:09:18
			and now, they said it has to at
		
00:09:18 --> 00:09:19
			least fulfill five conditions.
		
00:09:20 --> 00:09:22
			It has to come through a chain of
		
00:09:22 --> 00:09:24
			narrators that is connected, right?
		
00:09:26 --> 00:09:29
			And they all have to be people of
		
00:09:29 --> 00:09:31
			precision, right?
		
00:09:32 --> 00:09:35
			People of integrity, that's two, right?
		
00:09:36 --> 00:09:42
			There should not be any hidden defects in
		
00:09:42 --> 00:09:42
			the chain.
		
00:09:43 --> 00:09:44
			I'm not going to be able to unpack
		
00:09:44 --> 00:09:45
			all of these words here and now.
		
00:09:46 --> 00:09:48
			And it should not be conflicting other more
		
00:09:48 --> 00:09:49
			authentic narrations.
		
00:09:50 --> 00:09:52
			Connected chain, people that are accurate, people that
		
00:09:52 --> 00:09:55
			have like an FBI file on them, the
		
00:09:55 --> 00:09:57
			Hadith scholars had FBI files on people, right?
		
00:09:58 --> 00:10:04
			So connected chain, accurate, precise, integrity, uprightness, and
		
00:10:04 --> 00:10:07
			there's no conflict with more authentic reports.
		
00:10:08 --> 00:10:10
			There's like a cross-referencing and there's no
		
00:10:10 --> 00:10:11
			hidden defects.
		
00:10:11 --> 00:10:14
			There's also no other reasons to doubt the
		
00:10:14 --> 00:10:14
			chain.
		
00:10:15 --> 00:10:16
			And they would even layer them.
		
00:10:17 --> 00:10:19
			More authentic means there's less authentic.
		
00:10:19 --> 00:10:21
			It was extremely nuanced, extremely sophisticated.
		
00:10:22 --> 00:10:22
			So that's the sunnah.
		
00:10:22 --> 00:10:24
			Ijma' means scholarly agreement.
		
00:10:25 --> 00:10:28
			When the scholars all agree on something, there
		
00:10:28 --> 00:10:33
			is no way that is incorrect.
		
00:10:33 --> 00:10:35
			Allah Subh'anaHu Wa Ta-A'la would
		
00:10:35 --> 00:10:37
			not leave this ummah misguided, would not leave
		
00:10:37 --> 00:10:38
			the ummah in the dark, would not leave
		
00:10:38 --> 00:10:41
			the truth absent for the blink of an
		
00:10:41 --> 00:10:43
			eye because the Prophet Sallallahu Alaihi Wasallam said
		
00:10:43 --> 00:10:47
			in a Hadith that is mutawatir, massly transmitted,
		
00:10:47 --> 00:10:50
			abundantly corroborated, highly authentic Hadith.
		
00:10:51 --> 00:10:53
			He said, لَا تَزَالُ طَائِفَةٌ مِّنْ أُمَّتِي عَلَى
		
00:10:53 --> 00:10:57
			الحَقِّ ظَاهِرِينَ There will never cease to be
		
00:10:57 --> 00:11:00
			a group of my ummah visibly on the
		
00:11:00 --> 00:11:00
			truth.
		
00:11:00 --> 00:11:03
			So when they all say something, no one
		
00:11:03 --> 00:11:05
			showed up visibly, right?
		
00:11:06 --> 00:11:07
			That said this is wrong, then that must
		
00:11:07 --> 00:11:08
			be right.
		
00:11:09 --> 00:11:09
			Does that make sense?
		
00:11:10 --> 00:11:12
			That's the notion of ijma' the doctrine of
		
00:11:12 --> 00:11:16
			scholarly unanimous agreement or scholarly consensus.
		
00:11:17 --> 00:11:20
			ijma' I know consensus can be 51%.
		
00:11:20 --> 00:11:21
			That's why I don't like the word consensus.
		
00:11:22 --> 00:11:25
			But ijma' unanimous scholarly agreement.
		
00:11:26 --> 00:11:26
			Then there's qiyas.
		
00:11:27 --> 00:11:31
			Qiyas means analogy that we compare things that
		
00:11:31 --> 00:11:32
			are in fact comparable.
		
00:11:32 --> 00:11:34
			They are similar to each other.
		
00:11:35 --> 00:11:37
			So the Prophet Sallallahu Alaihi Wasallam made tawaf
		
00:11:37 --> 00:11:39
			on camelback so I can make tawaf from
		
00:11:39 --> 00:11:40
			the second floor.
		
00:11:40 --> 00:11:42
			That sort of thing, right?
		
00:11:43 --> 00:11:46
			To infer from an original case a ruling
		
00:11:46 --> 00:11:47
			for a new case.
		
00:11:48 --> 00:11:52
			These are essentially agreed upon sources of our
		
00:11:52 --> 00:11:54
			understanding of Islam.
		
00:11:54 --> 00:11:56
			Quran, sunnah, ijma' and qiyas.
		
00:11:56 --> 00:11:57
			Any question on this?
		
00:12:00 --> 00:12:01
			Okay, we're moving.
		
00:12:02 --> 00:12:05
			These are all also the five agreed upon
		
00:12:05 --> 00:12:06
			objectives of the sharia.
		
00:12:06 --> 00:12:08
			So when the scholars read through all of
		
00:12:08 --> 00:12:12
			the teachings of Islam, they notice five objectives,
		
00:12:13 --> 00:12:16
			five goals that are very obviously sought out
		
00:12:16 --> 00:12:17
			by the sharia.
		
00:12:17 --> 00:12:19
			You know, some people, when they speak about
		
00:12:19 --> 00:12:21
			the five objectives of the sharia, you may
		
00:12:21 --> 00:12:22
			see this list in many places.
		
00:12:23 --> 00:12:26
			They say that sharia came to preserve these
		
00:12:26 --> 00:12:27
			five objectives.
		
00:12:28 --> 00:12:30
			It didn't just come to preserve the five
		
00:12:30 --> 00:12:30
			objectives.
		
00:12:30 --> 00:12:32
			It came to preserve and promote them as
		
00:12:32 --> 00:12:35
			well, to proliferate them, to grow them in
		
00:12:35 --> 00:12:36
			a healthy way.
		
00:12:37 --> 00:12:39
			What's interesting about these five objectives is what,
		
00:12:39 --> 00:12:41
			and it hopefully will help us remember the
		
00:12:41 --> 00:12:44
			meaning of the word sharia, is that anyone,
		
00:12:45 --> 00:12:48
			Muslim or not, even atheist might agree on
		
00:12:48 --> 00:12:49
			these five, right?
		
00:12:49 --> 00:12:51
			Is anyone gonna disagree with family?
		
00:12:51 --> 00:12:57
			Anyone disagree with intellect, protecting the intellect, intellectual
		
00:12:57 --> 00:12:59
			property rights, right?
		
00:13:01 --> 00:13:02
			Property, like wealth and property.
		
00:13:05 --> 00:13:08
			People have a sort of a right to
		
00:13:08 --> 00:13:09
			private ownership.
		
00:13:10 --> 00:13:13
			Life, the sanctity of life, sort of the
		
00:13:13 --> 00:13:16
			heinousness of taking innocent life, murder, right, and
		
00:13:16 --> 00:13:16
			religion.
		
00:13:16 --> 00:13:18
			I said atheist.
		
00:13:18 --> 00:13:20
			Atheist might not tell you religion.
		
00:13:20 --> 00:13:22
			He may not use the word religion, but
		
00:13:22 --> 00:13:23
			he does agree with us.
		
00:13:23 --> 00:13:24
			He's gonna tell us you should do some
		
00:13:24 --> 00:13:27
			sort of like new age spirituality or something.
		
00:13:27 --> 00:13:28
			Get some energy crystals.
		
00:13:30 --> 00:13:32
			You should have a spiritual element to your
		
00:13:32 --> 00:13:32
			life.
		
00:13:32 --> 00:13:35
			Go find yourself a guru or something, or
		
00:13:35 --> 00:13:36
			horoscopes.
		
00:13:37 --> 00:13:39
			And so what is so special about the
		
00:13:39 --> 00:13:39
			sharia then?
		
00:13:40 --> 00:13:42
			If these are agreed upon by all people,
		
00:13:42 --> 00:13:45
			the sharia provides us the path to actually
		
00:13:45 --> 00:13:46
			achieve these.
		
00:13:47 --> 00:13:49
			It's the system to make these possible.
		
00:13:50 --> 00:13:53
			So for instance, I often say, do people
		
00:13:53 --> 00:13:56
			really think they will ever be able to
		
00:13:56 --> 00:13:58
			get rid of domestic violence?
		
00:13:58 --> 00:14:01
			Even though they all agree domestic violence is
		
00:14:01 --> 00:14:03
			a bad thing, we should purge it from
		
00:14:03 --> 00:14:04
			the human experience.
		
00:14:04 --> 00:14:04
			But how?
		
00:14:05 --> 00:14:07
			Do you think you'll ever be able to
		
00:14:07 --> 00:14:09
			get rid of domestic violence without getting rid
		
00:14:09 --> 00:14:09
			of alcohol?
		
00:14:09 --> 00:14:12
			Do you think you'll ever be able to
		
00:14:12 --> 00:14:15
			get rid of alcohol without God consciousness?
		
00:14:16 --> 00:14:17
			This is the idea.
		
00:14:18 --> 00:14:19
			It's the entire system.
		
00:14:19 --> 00:14:20
			Do you think you'll ever be able to
		
00:14:20 --> 00:14:23
			get rid of racism also without submission and
		
00:14:23 --> 00:14:24
			humility in front of God?
		
00:14:24 --> 00:14:26
			All of you are from Adam and Adam
		
00:14:26 --> 00:14:27
			is from dust, right?
		
00:14:27 --> 00:14:28
			Allah created him from dust.
		
00:14:29 --> 00:14:30
			That's why no one but the Prophet Sallallahu
		
00:14:30 --> 00:14:32
			Alaihi Wasallam was ever able to purge racism
		
00:14:32 --> 00:14:33
			from society.
		
00:14:34 --> 00:14:35
			It's the path to these.
		
00:14:37 --> 00:14:38
			It's where to find that equilibrium.
		
00:14:38 --> 00:14:40
			Do you think you'll ever be able to
		
00:14:40 --> 00:14:43
			get rid of fornication without promoting marriage?
		
00:14:43 --> 00:14:44
			Impossible, right?
		
00:14:45 --> 00:14:49
			So not just preservation, but promotion of these
		
00:14:49 --> 00:14:50
			five primary objectives.
		
00:14:51 --> 00:14:52
			One more five, even though this one is
		
00:14:52 --> 00:14:54
			kind of six, but we're gonna say five
		
00:14:54 --> 00:14:56
			just to keep our streak going.
		
00:14:57 --> 00:15:01
			These are what are called the al-qawa
		
00:15:01 --> 00:15:05
			'id al-fiqhiyah al-kulliyah, the universal legal
		
00:15:05 --> 00:15:06
			maxims.
		
00:15:07 --> 00:15:11
			So these are five rules that are found
		
00:15:11 --> 00:15:14
			all throughout Islamic teachings.
		
00:15:15 --> 00:15:15
			Okay?
		
00:15:16 --> 00:15:17
			They're universal.
		
00:15:18 --> 00:15:19
			They have no exceptions, right?
		
00:15:21 --> 00:15:22
			Sometimes there'll be a dispute.
		
00:15:22 --> 00:15:24
			Do we use this one or that one?
		
00:15:24 --> 00:15:26
			But these rules always apply.
		
00:15:26 --> 00:15:27
			That's the idea.
		
00:15:28 --> 00:15:30
			So the subsets of these rules may be
		
00:15:30 --> 00:15:33
			disputed, but these are unanimously agreed upon.
		
00:15:33 --> 00:15:36
			One of them is al-umuru bimaqasadiha innama
		
00:15:36 --> 00:15:37
			al-'amalu binniyat.
		
00:15:37 --> 00:15:38
			Intentions always matter.
		
00:15:39 --> 00:15:40
			Intentions always matter.
		
00:15:40 --> 00:15:44
			There's countless chapters of Islamic law that will
		
00:15:44 --> 00:15:44
			hinge on what?
		
00:15:45 --> 00:15:45
			The intention.
		
00:15:46 --> 00:15:48
			Intention of the statement, the intention of the
		
00:15:48 --> 00:15:49
			transaction, whatever it's going to be.
		
00:15:51 --> 00:15:53
			So it's not just, you know, do we
		
00:15:53 --> 00:15:56
			forgive him for uttering something he accidentally said?
		
00:15:56 --> 00:15:58
			It's also what if they have an evil
		
00:15:58 --> 00:15:58
			intention?
		
00:15:59 --> 00:16:01
			Like let's say a man divorces his wife
		
00:16:01 --> 00:16:03
			as he's breathing his last, so she doesn't
		
00:16:03 --> 00:16:04
			inherit anything from him.
		
00:16:05 --> 00:16:07
			Sorry, tough guy, she's inheriting.
		
00:16:08 --> 00:16:10
			Because barring her in this way would not
		
00:16:10 --> 00:16:11
			be allowed in the Sharia, right?
		
00:16:12 --> 00:16:13
			It's obvious that you're trying to withhold from
		
00:16:13 --> 00:16:16
			her her right in an unethical way.
		
00:16:16 --> 00:16:17
			So intentions, for instance.
		
00:16:19 --> 00:16:20
			Certainty always overrules doubt.
		
00:16:22 --> 00:16:23
			So was it three rak'ahs or four?
		
00:16:23 --> 00:16:24
			It was three.
		
00:16:24 --> 00:16:26
			Did I pay my zakah or not?
		
00:16:26 --> 00:16:26
			I didn't.
		
00:16:26 --> 00:16:28
			Because I know, I'm certain I owe zakah,
		
00:16:28 --> 00:16:30
			not certain if I paid it, right?
		
00:16:31 --> 00:16:33
			Six or seven tawafir on the Kaaba.
		
00:16:33 --> 00:16:34
			It was six.
		
00:16:34 --> 00:16:36
			Certainty always overrules doubt.
		
00:16:38 --> 00:16:39
			The no harm principle.
		
00:16:40 --> 00:16:42
			The Prophet Sallallahu Alaihi Wasallam said, la dharra
		
00:16:42 --> 00:16:43
			wa la dharar.
		
00:16:43 --> 00:16:46
			There should be no harm, meaning initiated, nor
		
00:16:46 --> 00:16:49
			any harm reciprocated.
		
00:16:49 --> 00:16:51
			You don't bring harm back on yourself, nor
		
00:16:51 --> 00:16:52
			do you initiate harm on others.
		
00:16:52 --> 00:16:55
			Of course, unless justified, like in the Sharia.
		
00:16:57 --> 00:16:59
			If a person's at war, he's gonna say,
		
00:16:59 --> 00:17:00
			la dharra wa la dharar.
		
00:17:00 --> 00:17:01
			Sorry guys, I just learned something new.
		
00:17:02 --> 00:17:03
			I'm going home.
		
00:17:03 --> 00:17:05
			Then you leave your brothers and sisters on
		
00:17:05 --> 00:17:06
			your right and left stranded.
		
00:17:07 --> 00:17:08
			When justified, right?
		
00:17:08 --> 00:17:10
			But the idea is there's no initiation or
		
00:17:10 --> 00:17:16
			reciprocation of harm without enough Sharia-sanctioned justifications.
		
00:17:17 --> 00:17:19
			And then hardships warrant ease.
		
00:17:19 --> 00:17:22
			Whenever there's a hardship, whenever things tighten, the
		
00:17:22 --> 00:17:24
			Sharia has a built-in flexibility.
		
00:17:25 --> 00:17:27
			It's not like from my head arbitrarily, I'm
		
00:17:27 --> 00:17:28
			gonna say, okay, I don't have to follow
		
00:17:28 --> 00:17:28
			that one.
		
00:17:28 --> 00:17:29
			It's too hard.
		
00:17:29 --> 00:17:31
			No, the Sharia has definitions for this, that
		
00:17:31 --> 00:17:33
			whenever it gets tight, this is how you
		
00:17:33 --> 00:17:33
			loosen it.
		
00:17:34 --> 00:17:35
			This is how you loosen it.
		
00:17:37 --> 00:17:40
			And these concessions, these eases are to be
		
00:17:40 --> 00:17:44
			dispensed by qualified scholars who understand how the
		
00:17:44 --> 00:17:45
			Sharia does that.
		
00:17:45 --> 00:17:47
			The last of them is that customs are
		
00:17:47 --> 00:17:48
			authoritative.
		
00:17:49 --> 00:17:52
			So what Allah did not speak on, he
		
00:17:52 --> 00:17:55
			did not leave out due to being forgetful.
		
00:17:55 --> 00:17:59
			He left them out by design because he
		
00:17:59 --> 00:18:03
			knew humanity would continue to be diverse and
		
00:18:03 --> 00:18:04
			they would benefit from that flexibility.
		
00:18:05 --> 00:18:08
			So whenever the Sharia didn't speak on something
		
00:18:08 --> 00:18:11
			and two people in a transaction didn't stipulate
		
00:18:11 --> 00:18:13
			something, then we move on to customs being
		
00:18:13 --> 00:18:14
			binding.
		
00:18:15 --> 00:18:20
			So let's say, this actually happens a lot.
		
00:18:21 --> 00:18:22
			A brother marries a sister.
		
00:18:22 --> 00:18:25
			The sister doesn't know that she's entitled to
		
00:18:25 --> 00:18:25
			mahr.
		
00:18:26 --> 00:18:27
			She's entitled to a bridal dowry.
		
00:18:27 --> 00:18:29
			This happens quite a bit in the convert
		
00:18:29 --> 00:18:29
			community.
		
00:18:31 --> 00:18:32
			Then they come like, Sheikh, I heard he
		
00:18:32 --> 00:18:33
			owes me money.
		
00:18:34 --> 00:18:35
			I'm like, yes, he does.
		
00:18:36 --> 00:18:38
			And so if there was no, the Sharia
		
00:18:38 --> 00:18:39
			does not determine.
		
00:18:40 --> 00:18:41
			It doesn't say like, you know, 10%
		
00:18:41 --> 00:18:42
			of his monthly income.
		
00:18:42 --> 00:18:43
			It doesn't say that.
		
00:18:44 --> 00:18:45
			And they didn't stipulate on each other.
		
00:18:45 --> 00:18:47
			Like she didn't ask and he agreed, that
		
00:18:47 --> 00:18:47
			would be finished.
		
00:18:48 --> 00:18:49
			Then what do we do?
		
00:18:50 --> 00:18:52
			We look at the norms in her time
		
00:18:52 --> 00:18:55
			and place, in her sort of socioeconomic status.
		
00:18:55 --> 00:18:56
			What's the average a sister gets?
		
00:18:57 --> 00:18:58
			She becomes entitled to that.
		
00:18:59 --> 00:19:03
			Let's make believe, I go to brother Rashid's
		
00:19:03 --> 00:19:05
			restaurant, inshallah.
		
00:19:06 --> 00:19:08
			And like, I tell him, I hear good
		
00:19:08 --> 00:19:11
			things about your, what's expensive steak?
		
00:19:12 --> 00:19:13
			What kind of steak is expensive?
		
00:19:13 --> 00:19:14
			See, I don't understand.
		
00:19:15 --> 00:19:17
			Wagyu works, wagyu.
		
00:19:17 --> 00:19:19
			So I sort of, I order a wagyu
		
00:19:19 --> 00:19:19
			steak.
		
00:19:19 --> 00:19:21
			I don't ask for the price, nothing.
		
00:19:21 --> 00:19:22
			Okay?
		
00:19:23 --> 00:19:26
			I finished the meal, I ask him for
		
00:19:26 --> 00:19:26
			a check.
		
00:19:26 --> 00:19:28
			He tells me the check says $2,000
		
00:19:28 --> 00:19:29
			for my steak.
		
00:19:31 --> 00:19:34
			In the eyes of the Sharia, that's him
		
00:19:34 --> 00:19:35
			pulling a fast one on me, right?
		
00:19:36 --> 00:19:37
			I would not have to pay that in
		
00:19:37 --> 00:19:38
			an Islamic court.
		
00:19:39 --> 00:19:41
			I would pay the max of the norm
		
00:19:41 --> 00:19:42
			perhaps, but that's it.
		
00:19:43 --> 00:19:45
			Because I said, give me a steak.
		
00:19:45 --> 00:19:47
			I didn't ask because I know norms are,
		
00:19:47 --> 00:19:48
			the steak is gonna be from 20 to
		
00:19:48 --> 00:19:49
			200 maybe.
		
00:19:49 --> 00:19:52
			So you charge me 2,000 or 20
		
00:19:52 --> 00:19:52
			,000?
		
00:19:52 --> 00:19:56
			No, that was your job to tell me
		
00:19:56 --> 00:19:58
			there's an abnormal price tag on this one,
		
00:19:58 --> 00:19:59
			right?
		
00:19:59 --> 00:20:00
			This is the way it would work.
		
00:20:01 --> 00:20:04
			Okay, these are the five legal maxims that
		
00:20:04 --> 00:20:05
			are universal.
		
00:20:05 --> 00:20:09
			They apply all throughout Islamic injunctions.
		
00:20:09 --> 00:20:11
			All right, we're done with Sharia, let's move
		
00:20:11 --> 00:20:12
			to Fiqh now.
		
00:20:13 --> 00:20:15
			Hopefully I can tie them together in a
		
00:20:15 --> 00:20:15
			minute, inshallah.
		
00:20:16 --> 00:20:16
			What is Fiqh?
		
00:20:17 --> 00:20:20
			We hear the term Fiqh a lot and
		
00:20:20 --> 00:20:22
			the Prophet Sallallahu Alaihi Wasallam, he said, for
		
00:20:22 --> 00:20:24
			instance, and the Qur'an uses the term
		
00:20:24 --> 00:20:26
			as well with the same lexical or linguistic
		
00:20:26 --> 00:20:30
			meaning, which means comprehension, basic comprehension or deep
		
00:20:30 --> 00:20:31
			comprehension.
		
00:20:31 --> 00:20:33
			For instance, this famous Hadith in Bukhari and
		
00:20:33 --> 00:20:36
			Muslim, agreed upon means agreed upon by Bukhari
		
00:20:36 --> 00:20:36
			and Muslim.
		
00:20:37 --> 00:20:40
			من يرد الله به خيرا يفقهه في الدين
		
00:20:40 --> 00:20:43
			Whomever Allah wishes well for, he deepens their
		
00:20:43 --> 00:20:45
			understanding of the religion.
		
00:20:47 --> 00:20:49
			So فقه means to understand, فقه means to
		
00:20:49 --> 00:20:52
			deeply understand, but the term Fiqh means comprehension
		
00:20:52 --> 00:20:55
			or deep comprehension, depending on how you use
		
00:20:55 --> 00:20:55
			it.
		
00:20:56 --> 00:21:01
			And so to take note of things on
		
00:21:01 --> 00:21:04
			a deep level is what Fiqh is all
		
00:21:04 --> 00:21:06
			about, subtleties.
		
00:21:07 --> 00:21:10
			This is why when they said to al
		
00:21:10 --> 00:21:12
			-Hassan al-Basri, رحمه الله, when he shared
		
00:21:12 --> 00:21:14
			with them something, they told him the Fiqh
		
00:21:14 --> 00:21:18
			scholars, the Fiqh experts, don't say what you're
		
00:21:18 --> 00:21:18
			saying.
		
00:21:19 --> 00:21:21
			He said to them, have you ever met
		
00:21:21 --> 00:21:22
			a Fiqh in your life?
		
00:21:22 --> 00:21:27
			A Fiqh is someone that is disinterested in
		
00:21:27 --> 00:21:29
			this world and interested in the next world
		
00:21:29 --> 00:21:32
			and upholding the words of Allah Azza wa
		
00:21:32 --> 00:21:33
			Jal, and he says his peace and he
		
00:21:33 --> 00:21:34
			walks away.
		
00:21:34 --> 00:21:37
			And he mentioned what spiritual refinement, why?
		
00:21:37 --> 00:21:41
			Because that takes a lot of understanding, to
		
00:21:41 --> 00:21:43
			understand the inner crevices of your soul, to
		
00:21:43 --> 00:21:47
			be focused on refining that unseen element of
		
00:21:47 --> 00:21:49
			you, the metaphysical, the ghaibi element, the soul.
		
00:21:49 --> 00:21:51
			So they would even use Fiqh to speak
		
00:21:51 --> 00:21:54
			about spirituality, as Abu Hanifah, rahimahullah, once did
		
00:21:54 --> 00:21:55
			and others.
		
00:21:58 --> 00:22:01
			But deep understanding is the original meaning and
		
00:22:01 --> 00:22:03
			they would use it in spirituality, they would
		
00:22:03 --> 00:22:04
			use it in law, they would even use
		
00:22:04 --> 00:22:05
			it in creed once again.
		
00:22:05 --> 00:22:07
			There's a famous book by Imam Abu Hanifah,
		
00:22:07 --> 00:22:11
			rahimahullah, called Al-Fiqh Al-Akbar, Major Fiqh.
		
00:22:11 --> 00:22:13
			And it's about aqeedah, it's creed, the most
		
00:22:13 --> 00:22:14
			important things you need to understand about the
		
00:22:14 --> 00:22:18
			fundamentals of Islam, the foundational creedal elements of
		
00:22:18 --> 00:22:18
			Islam.
		
00:22:18 --> 00:22:20
			So that's what it means linguistically, all of
		
00:22:20 --> 00:22:22
			that was just to establish the linguistic meaning.
		
00:22:23 --> 00:22:28
			But as history progressed, Fiqh got assigned to
		
00:22:28 --> 00:22:33
			the study of law, a technical discipline of
		
00:22:33 --> 00:22:35
			practiced law.
		
00:22:35 --> 00:22:38
			So this is the definition of Fiqh now,
		
00:22:38 --> 00:22:41
			meaning what's commonly meant by the term Fiqh
		
00:22:41 --> 00:22:41
			or faqih.
		
00:22:42 --> 00:22:46
			It is juristic reasoning, juristic means legal, jurisprudence,
		
00:22:46 --> 00:22:46
			juristic.
		
00:22:47 --> 00:22:51
			So it's the discipline of extracting and understanding
		
00:22:51 --> 00:22:55
			about what Allah's laws are for our practice,
		
00:22:55 --> 00:22:56
			make sense?
		
00:22:59 --> 00:23:02
			So sharia and fiqh, are they the same
		
00:23:02 --> 00:23:02
			or not?
		
00:23:03 --> 00:23:07
			Somebody answer it now, yes or no?
		
00:23:07 --> 00:23:09
			Sisters, are they the same or not?
		
00:23:12 --> 00:23:12
			I said sisters.
		
00:23:14 --> 00:23:18
			So fiqh is the understanding of human beings.
		
00:23:19 --> 00:23:21
			If it is right, then it winds up
		
00:23:21 --> 00:23:23
			being God's religion, it's sharia.
		
00:23:23 --> 00:23:28
			When it's wrong, it's not the sharia, okay?
		
00:23:28 --> 00:23:30
			You know Ibn Qayyim in his famous book
		
00:23:30 --> 00:23:32
			on Asul Fiqh, he says, the sharia is
		
00:23:32 --> 00:23:38
			entirely about mercy, justice, and the welfare of
		
00:23:38 --> 00:23:40
			human beings in this world and the next.
		
00:23:40 --> 00:23:43
			And so whatever departs from justice to injustice,
		
00:23:43 --> 00:23:47
			and from compassion to cruelty, and from benefit
		
00:23:47 --> 00:23:50
			to harm, then it is not part of
		
00:23:50 --> 00:23:54
			the sharia, even if someone claims it is
		
00:23:54 --> 00:23:57
			according to their misinterpretation.
		
00:23:57 --> 00:23:59
			This is the quote of Ibn Qayyim.
		
00:23:59 --> 00:24:02
			So sometimes we may misinterpret the law.
		
00:24:03 --> 00:24:05
			And in that case, it wouldn't be sharia.
		
00:24:05 --> 00:24:07
			We'll find out in the day of judgment,
		
00:24:07 --> 00:24:08
			maybe I'm excused for my misunderstanding.
		
00:24:09 --> 00:24:12
			But the idea is fiqh is an attempt
		
00:24:12 --> 00:24:16
			to identify God's law, an attempt to identify
		
00:24:16 --> 00:24:18
			God's sharia, make sense?
		
00:24:18 --> 00:24:20
			Because the sharia is the religion, remember?
		
00:24:20 --> 00:24:22
			And the religion can't be mistaken, the sharia
		
00:24:22 --> 00:24:24
			is infallible, can't be flawed.
		
00:24:25 --> 00:24:26
			But the fiqh is our understanding.
		
00:24:28 --> 00:24:31
			So it might overlap and it might not.
		
00:24:32 --> 00:24:36
			This actually shows us a little bit about
		
00:24:36 --> 00:24:40
			why the scholars of law settled on the
		
00:24:40 --> 00:24:40
			word fiqh.
		
00:24:41 --> 00:24:44
			It's as if they were highlighting, announcing to
		
00:24:44 --> 00:24:46
			the world, by the way, everybody, this is
		
00:24:46 --> 00:24:48
			my understanding, please take it with a grain
		
00:24:48 --> 00:24:49
			of salt.
		
00:24:50 --> 00:24:53
			The agreed upon matters are not called fiqh.
		
00:24:53 --> 00:24:55
			You don't say sort of like pork is
		
00:24:55 --> 00:24:56
			haram in my fiqh.
		
00:24:56 --> 00:24:59
			No, it's case closed sharia, everyone understands that.
		
00:24:59 --> 00:25:02
			Backbiting is haram, or like salah is mandatory.
		
00:25:02 --> 00:25:03
			No, it's not fiqh.
		
00:25:04 --> 00:25:06
			Fiqh is when there's like an issue that
		
00:25:06 --> 00:25:10
			is derived, understood, and it's understood in different
		
00:25:10 --> 00:25:10
			ways.
		
00:25:11 --> 00:25:12
			They call it fiqh to say, this was
		
00:25:12 --> 00:25:16
			my conclusion in my understanding.
		
00:25:16 --> 00:25:20
			This is what I extrapolated, deduced, derived of
		
00:25:20 --> 00:25:22
			law from the evidences, clear?
		
00:25:23 --> 00:25:27
			And it does say Islamic rulings on practice.
		
00:25:27 --> 00:25:28
			So they don't touch anything else.
		
00:25:28 --> 00:25:30
			They're not talking about the creedal, they're not
		
00:25:30 --> 00:25:33
			talking about the spiritual refinement, the tazkiyah, tasawwuf,
		
00:25:33 --> 00:25:36
			or sort of aqeedah, and ilahiyat, none of
		
00:25:36 --> 00:25:38
			that, just practice.
		
00:25:40 --> 00:25:41
			So qiyas is a big part of fiqh,
		
00:25:41 --> 00:25:42
			for sure.
		
00:25:45 --> 00:25:47
			Okay, now, let's talk a little bit about
		
00:25:47 --> 00:25:48
			differences of opinion in fiqh.
		
00:25:50 --> 00:25:51
			Where they come from, and some of the
		
00:25:51 --> 00:25:53
			wisdom behind it.
		
00:25:53 --> 00:25:55
			Allah Subh'anaHu Wa Ta-A'la says,
		
00:25:56 --> 00:25:58
			huwa allathee anzala AAalayka alkitab.
		
00:25:58 --> 00:26:00
			Allah is the one who revealed to you
		
00:26:00 --> 00:26:00
			this book.
		
00:26:01 --> 00:26:05
			minhu aayatun muhkamatun hunna ummul kitab.
		
00:26:06 --> 00:26:09
			Of which, this book, of which some verses
		
00:26:09 --> 00:26:14
			are muhkamat, definitive, meaning cannot be understood any
		
00:26:14 --> 00:26:15
			other way.
		
00:26:16 --> 00:26:18
			wa ukharu mutashabihat.
		
00:26:19 --> 00:26:22
			And others, other verses are speculative, can be
		
00:26:22 --> 00:26:26
			understood one way, a second way, maybe a
		
00:26:26 --> 00:26:28
			third, maybe 10 way, speculative.
		
00:26:29 --> 00:26:31
			wa ukharu mutashabihat.
		
00:26:31 --> 00:26:35
			fa amma allatheena fee qulubihim zayghun fayattabi'oona
		
00:26:35 --> 00:26:36
			maa tashabaha minhu.
		
00:26:37 --> 00:26:39
			As for those in whose hearts is deviance,
		
00:26:39 --> 00:26:43
			is misguidance, is a disease, spiritual disease, they
		
00:26:43 --> 00:26:44
			follow the speculative.
		
00:26:44 --> 00:26:45
			What do they mean?
		
00:26:45 --> 00:26:48
			They reach for it, they like it, they
		
00:26:48 --> 00:26:49
			pursue it, right?
		
00:26:49 --> 00:26:52
			They lay claim to it without justification.
		
00:26:53 --> 00:26:55
			So this ayah is telling us something very
		
00:26:55 --> 00:27:00
			important, which is that Allah Azzawajal could have
		
00:27:00 --> 00:27:04
			certainly, it was absolutely in His power to
		
00:27:04 --> 00:27:08
			make all of Islam equally clear, right?
		
00:27:09 --> 00:27:12
			All of the Quran, He could have made
		
00:27:12 --> 00:27:17
			the Quran impossible to be defined any other
		
00:27:17 --> 00:27:17
			way.
		
00:27:18 --> 00:27:19
			He could have done that, wouldn't be hard
		
00:27:19 --> 00:27:20
			for Him.
		
00:27:20 --> 00:27:21
			Subhanahu wa ta'ala.
		
00:27:21 --> 00:27:24
			But He chose to leave some things open
		
00:27:24 --> 00:27:28
			to interpretation or presume the interpretation to test
		
00:27:28 --> 00:27:29
			us because life's a test.
		
00:27:30 --> 00:27:31
			It's not just a test of whether you
		
00:27:31 --> 00:27:33
			will do right and wrong, it's a test
		
00:27:33 --> 00:27:36
			of what do I do with people making
		
00:27:36 --> 00:27:37
			contrary claims?
		
00:27:37 --> 00:27:38
			This is right, this is right.
		
00:27:38 --> 00:27:39
			That is wrong, that is wrong.
		
00:27:40 --> 00:27:42
			And there's layers to this, of course.
		
00:27:42 --> 00:27:46
			It's not all about those that have deviance
		
00:27:46 --> 00:27:47
			in their heart.
		
00:27:47 --> 00:27:49
			This ayah was speaking about those who deviated
		
00:27:49 --> 00:27:53
			in their understandings of scripture and Jesus peace
		
00:27:53 --> 00:27:54
			be upon Him and the likes.
		
00:27:54 --> 00:27:59
			So what the scholars all agree on, if
		
00:27:59 --> 00:28:01
			you try to say, no, I think we
		
00:28:01 --> 00:28:05
			can explain it a different way, that is
		
00:28:05 --> 00:28:09
			deviance, that is misguidance, that is blasphemy, that
		
00:28:09 --> 00:28:10
			could overturn your Islam.
		
00:28:11 --> 00:28:13
			So if Tawheed, for example, Tawheed is crystal
		
00:28:13 --> 00:28:15
			clear, the oneness of God, nothing clearer.
		
00:28:16 --> 00:28:18
			If someone were to come and say, I've
		
00:28:18 --> 00:28:20
			heard someone say this, by the way, someone
		
00:28:20 --> 00:28:23
			were to come and say, actually, Islam validates
		
00:28:23 --> 00:28:24
			the Trinity.
		
00:28:24 --> 00:28:25
			Like how in the world does Islam validate
		
00:28:25 --> 00:28:25
			Trinity?
		
00:28:26 --> 00:28:27
			Like, have you read the Quran?
		
00:28:27 --> 00:28:31
			It says, look, Bismillahirrahmanirrahim at every surah.
		
00:28:31 --> 00:28:35
			So that's like an indirect, you know, like,
		
00:28:35 --> 00:28:36
			I don't know what do you call it,
		
00:28:36 --> 00:28:37
			fist bump?
		
00:28:37 --> 00:28:39
			Like, we're with you.
		
00:28:41 --> 00:28:42
			Sheer misguidance, right?
		
00:28:43 --> 00:28:47
			If someone were to say, there is another
		
00:28:47 --> 00:28:50
			prophet after Muhammad, Sallallahu Alaihi Wasallam.
		
00:28:51 --> 00:28:53
			Can we say, oh, yeah, it's the difference
		
00:28:53 --> 00:28:53
			depending on this.
		
00:28:54 --> 00:28:56
			And then I'll tell you, look, the ayah
		
00:28:56 --> 00:28:58
			says, khataman nabiyyin, the seal of the prophets.
		
00:28:58 --> 00:29:00
			The seal is like, you know, when you
		
00:29:00 --> 00:29:02
			seal something after you finished with it, like
		
00:29:02 --> 00:29:04
			icing on the cake, it means he's the
		
00:29:04 --> 00:29:05
			best of the prophets.
		
00:29:05 --> 00:29:06
			It doesn't mean he's the last of the
		
00:29:06 --> 00:29:06
			prophets.
		
00:29:07 --> 00:29:08
			They actually said this, by the way.
		
00:29:08 --> 00:29:09
			Some people have said this.
		
00:29:09 --> 00:29:12
			And then they will argue now that Mirza
		
00:29:12 --> 00:29:15
			Ghulam Ahmad was a prophet or Elijah Muhammad
		
00:29:15 --> 00:29:15
			was a prophet.
		
00:29:16 --> 00:29:17
			No, I'm sorry.
		
00:29:17 --> 00:29:18
			Like, this is not up for discussion.
		
00:29:19 --> 00:29:21
			Because if these are not clear, then nothing
		
00:29:21 --> 00:29:21
			is clear.
		
00:29:23 --> 00:29:23
			Okay.
		
00:29:29 --> 00:29:31
			So I'll get there in a second, inshallah.
		
00:29:31 --> 00:29:34
			So these are examples of five prayers.
		
00:29:34 --> 00:29:36
			If someone says, no, the five prayers are
		
00:29:36 --> 00:29:36
			not necessary.
		
00:29:38 --> 00:29:39
			The Quran only mentions three.
		
00:29:40 --> 00:29:41
			Some have said this.
		
00:29:41 --> 00:29:45
			If I tell you sort of same-*
		
00:29:45 --> 00:29:48
			marriages are haram, say no, the Quran is
		
00:29:48 --> 00:29:49
			only against *.
		
00:29:50 --> 00:29:51
			People have said this.
		
00:29:51 --> 00:29:52
			So long as there's consent, we're good.
		
00:29:53 --> 00:29:55
			People have argued this from the Quran, by
		
00:29:55 --> 00:29:56
			the way.
		
00:29:56 --> 00:29:57
			But the problem is what?
		
00:29:58 --> 00:29:59
			There's no way the ummah was in the
		
00:29:59 --> 00:30:02
			dark until you showed up, until God's gift
		
00:30:02 --> 00:30:03
			to the world came and told us his
		
00:30:03 --> 00:30:05
			unique interpretation, right?
		
00:30:05 --> 00:30:07
			And started speculating.
		
00:30:07 --> 00:30:09
			So the matters that are agreed upon, to
		
00:30:09 --> 00:30:11
			depart from them is the primary meaning of
		
00:30:11 --> 00:30:12
			this ayah.
		
00:30:12 --> 00:30:14
			They reach for the supposedly speculative.
		
00:30:14 --> 00:30:16
			They try to twist the verses out of
		
00:30:16 --> 00:30:16
			their meanings.
		
00:30:17 --> 00:30:19
			This can now happen on a lesser level
		
00:30:20 --> 00:30:21
			with valid differences.
		
00:30:22 --> 00:30:24
			So differences in fiqh, when the scholars differ,
		
00:30:25 --> 00:30:26
			it's a little bit of a test for
		
00:30:26 --> 00:30:26
			us.
		
00:30:28 --> 00:30:30
			Like me as a lay person, will I
		
00:30:30 --> 00:30:33
			be dismissive of what the scholars say as
		
00:30:33 --> 00:30:35
			if they're all insincere or they're all unqualified
		
00:30:35 --> 00:30:36
			or otherwise?
		
00:30:37 --> 00:30:38
			Look, they're disagreeing among themselves.
		
00:30:40 --> 00:30:42
			You're in no place to refer between them
		
00:30:42 --> 00:30:43
			to begin with.
		
00:30:44 --> 00:30:45
			You cherry picking is not the solution even
		
00:30:45 --> 00:30:47
			if they were all wrong, right?
		
00:30:48 --> 00:30:51
			They have more of a likelihood to be
		
00:30:51 --> 00:30:51
			correct than you.
		
00:30:52 --> 00:30:54
			So don't try to play with that wiggle
		
00:30:54 --> 00:30:55
			room.
		
00:30:55 --> 00:30:56
			Allah could have made it clearer.
		
00:30:57 --> 00:30:57
			He's testing you.
		
00:30:58 --> 00:31:01
			Will you follow the scholar who you assume
		
00:31:01 --> 00:31:03
			to be most correct between you and Allah?
		
00:31:03 --> 00:31:03
			Will you do it or not?
		
00:31:04 --> 00:31:05
			That's what it's for.
		
00:31:06 --> 00:31:07
			He's testing what's in here.
		
00:31:07 --> 00:31:08
			And likewise for the scholar.
		
00:31:09 --> 00:31:11
			Will the scholar follow his conviction or will
		
00:31:11 --> 00:31:12
			he follow his group?
		
00:31:13 --> 00:31:16
			Will he start becoming cultish, sectarian, right?
		
00:31:16 --> 00:31:19
			For a sense of belonging, his madhhab membership
		
00:31:19 --> 00:31:20
			or whatever else it will be.
		
00:31:21 --> 00:31:23
			And this is why the earliest scholars by
		
00:31:23 --> 00:31:25
			the way and the purest scholars were always
		
00:31:25 --> 00:31:28
			the most impartial, always ready to say, our
		
00:31:28 --> 00:31:31
			Shaykh said this, but honest to God, I'm
		
00:31:31 --> 00:31:32
			more convinced with that.
		
00:31:32 --> 00:31:36
			And as the centuries progressed, this sentiment became
		
00:31:36 --> 00:31:39
			harder and harder to find, right?
		
00:31:40 --> 00:31:41
			The bandwagoning became more.
		
00:31:42 --> 00:31:42
			It's all a test.
		
00:31:43 --> 00:31:44
			That's part of the wisdom of why Allah
		
00:31:44 --> 00:31:47
			allowed some things to be open to interpretation.
		
00:31:48 --> 00:31:48
			Is this clear?
		
00:31:49 --> 00:31:49
			We're good?
		
00:31:52 --> 00:31:53
			There were fiqh schools.
		
00:31:54 --> 00:31:55
			Some people say, what are the madhhabs, right?
		
00:31:56 --> 00:31:57
			The madhhabs are schools.
		
00:31:57 --> 00:31:59
			Think of them like universities in different parts
		
00:31:59 --> 00:32:01
			of the Muslim world that had different approaches
		
00:32:01 --> 00:32:03
			to how to understand the ayat and ahadith.
		
00:32:04 --> 00:32:07
			So there's like the Kuffin school, Kuffa is
		
00:32:07 --> 00:32:09
			in Iraq, famous city in Iraq.
		
00:32:10 --> 00:32:12
			These were known as the Ahl al-Ra
		
00:32:12 --> 00:32:12
			'i.
		
00:32:12 --> 00:32:14
			Ahl al-Ra'i are the rationalists, if
		
00:32:14 --> 00:32:17
			you will, the rationalist jurists.
		
00:32:17 --> 00:32:19
			Ra'i means opinion, right?
		
00:32:20 --> 00:32:24
			And this was most famously attributed to Abu
		
00:32:24 --> 00:32:27
			Hanifa, rahimahullah, and his two disciples, Muhammad ibn
		
00:32:27 --> 00:32:29
			Hassan al-Shaybani and Abu Yusuf al-Qadi,
		
00:32:30 --> 00:32:30
			rahimahullah.
		
00:32:31 --> 00:32:33
			And then there's the Madinah school, which is
		
00:32:33 --> 00:32:34
			known as the Madinah school.
		
00:32:34 --> 00:32:37
			Some historians will split it into Madinah, Mecca,
		
00:32:37 --> 00:32:40
			and Iraq, but basically the Madinah schools, these
		
00:32:40 --> 00:32:44
			were known as Ahl al-Hadith, the scholars
		
00:32:44 --> 00:32:46
			of hadith, okay?
		
00:32:48 --> 00:32:50
			The scripturalists, they would call them in English.
		
00:32:50 --> 00:32:53
			And these most famously are credited to the
		
00:32:53 --> 00:32:56
			schools founded by Imam Malik and Imam al
		
00:32:56 --> 00:32:58
			-Shafi'i and Imam Ahmad, rahimahullah.
		
00:32:59 --> 00:33:00
			What do we wanna say here very quickly?
		
00:33:00 --> 00:33:05
			Number one, we already said they all agree
		
00:33:05 --> 00:33:06
			on the sources, remember?
		
00:33:07 --> 00:33:09
			So it's not like one person uses hadith
		
00:33:09 --> 00:33:10
			and sunnah, the other person doesn't.
		
00:33:11 --> 00:33:13
			That's not why they were called that.
		
00:33:13 --> 00:33:16
			In fact, I will mention to you something
		
00:33:16 --> 00:33:16
			here.
		
00:33:19 --> 00:33:23
			It was them being more known for rational
		
00:33:23 --> 00:33:27
			proofs, more known for textual proofs, and how
		
00:33:27 --> 00:33:29
			they handled them was the real reason they
		
00:33:29 --> 00:33:29
			were called these.
		
00:33:30 --> 00:33:34
			But the rationalists used hadith, and the scripturalists,
		
00:33:34 --> 00:33:36
			the textualists, the hadith, Ahl al-Hadith, they
		
00:33:36 --> 00:33:37
			use rationale.
		
00:33:37 --> 00:33:38
			They all did.
		
00:33:38 --> 00:33:41
			They all use Quran, sunnah, ijma'a, qiyas,
		
00:33:42 --> 00:33:43
			rationale, analogies.
		
00:33:43 --> 00:33:45
			How do I compare this with that?
		
00:33:46 --> 00:33:48
			Maybe the easiest example for the sake of
		
00:33:48 --> 00:33:51
			time, both of these schools, by the way,
		
00:33:52 --> 00:33:53
			aren't founded by these imams.
		
00:33:54 --> 00:33:57
			They're most famously attributed to these imams, but
		
00:33:57 --> 00:33:58
			they all are traced back to companions.
		
00:33:58 --> 00:34:01
			So the school of Al-Kufa is traced.
		
00:34:01 --> 00:34:03
			It's hard to find an opinion with them
		
00:34:03 --> 00:34:06
			that isn't traced to the companions that settled
		
00:34:06 --> 00:34:09
			in Al-Kufa, like Abdullah ibn Mas'ud
		
00:34:09 --> 00:34:10
			and Ali ibn Abi Talib.
		
00:34:10 --> 00:34:11
			May Allah be pleased with them.
		
00:34:12 --> 00:34:16
			The Medinan school, the people in Arabia, their
		
00:34:16 --> 00:34:19
			school have these imams getting sort of the
		
00:34:19 --> 00:34:23
			spotlight, but their opinions are most often traced
		
00:34:23 --> 00:34:26
			back to the companions that stayed behind in
		
00:34:26 --> 00:34:28
			Medina, like Umar ibn Khattab, like Abdullah ibn
		
00:34:28 --> 00:34:31
			Umar, like Aisha radiyallahu anha, and the likes.
		
00:34:31 --> 00:34:32
			Is this clear?
		
00:34:33 --> 00:34:35
			Now that I told you Umar is one
		
00:34:35 --> 00:34:39
			of sort of the founders of the school,
		
00:34:40 --> 00:34:41
			if you will, his opinions are the roots
		
00:34:41 --> 00:34:42
			of this school.
		
00:34:44 --> 00:34:47
			Umar did not apply certain ahadith.
		
00:34:49 --> 00:34:50
			It sounds horrible to say it this way,
		
00:34:51 --> 00:34:52
			but I'm just trying to get you to
		
00:34:52 --> 00:34:54
			break out of your box, trying to jolt
		
00:34:54 --> 00:34:55
			you a little bit.
		
00:34:55 --> 00:34:58
			The Prophet Sallallahu Alaihi Wasallam used to give
		
00:34:58 --> 00:34:59
			non-Muslims from the spoils of war, the
		
00:34:59 --> 00:35:00
			ahadith are clear.
		
00:35:01 --> 00:35:03
			Umar would say, no, hold on, let's think
		
00:35:03 --> 00:35:03
			about this.
		
00:35:04 --> 00:35:06
			He did that to give them incentive to
		
00:35:06 --> 00:35:09
			let go of their tribalism and consider Islam.
		
00:35:09 --> 00:35:10
			He's trying to break their prejudice.
		
00:35:10 --> 00:35:12
			Islam is strong now, they have many incentives.
		
00:35:13 --> 00:35:14
			So this doesn't apply anymore.
		
00:35:17 --> 00:35:18
			Uthman, another one, Medina.
		
00:35:18 --> 00:35:21
			Uthman ibn Affan radiyallahu anha is khilafa.
		
00:35:21 --> 00:35:24
			The Prophet Sallallahu Alaihi Wasallam said, when you
		
00:35:24 --> 00:35:25
			find a stray camel, don't touch it.
		
00:35:26 --> 00:35:28
			It has its water and it has its
		
00:35:28 --> 00:35:29
			hoof, meaning to fight off an attacker, like
		
00:35:29 --> 00:35:31
			an animal or something, a wolf or a
		
00:35:31 --> 00:35:31
			coyote.
		
00:35:31 --> 00:35:34
			Its legs are strong and it has its
		
00:35:34 --> 00:35:35
			water, it'll last for a while.
		
00:35:35 --> 00:35:37
			Don't touch it until its owner comes back.
		
00:35:39 --> 00:35:42
			Uthman and his khilafa said, he meant because
		
00:35:42 --> 00:35:44
			it is safe and no one will steal
		
00:35:44 --> 00:35:45
			it until its owner comes back.
		
00:35:46 --> 00:35:49
			But now with the surge and rise and
		
00:35:49 --> 00:35:51
			expansion of Islam, Medina is now like a
		
00:35:51 --> 00:35:54
			cosmopolitan area, lots of stranger danger.
		
00:35:55 --> 00:35:58
			Take the camel, secure it, and announce that
		
00:35:58 --> 00:35:59
			you found a camel.
		
00:36:00 --> 00:36:01
			He's not opposing the Prophet Sallallahu Alaihi Wasallam.
		
00:36:02 --> 00:36:04
			He's sort of applying what he believes was
		
00:36:04 --> 00:36:06
			the intended meaning of the Prophet Sallallahu Alaihi
		
00:36:06 --> 00:36:06
			Wasallam.
		
00:36:06 --> 00:36:07
			He was employing rationale.
		
00:36:08 --> 00:36:09
			And this is Medina's school.
		
00:36:09 --> 00:36:12
			Likewise, you will find the rational school, right?
		
00:36:13 --> 00:36:15
			Ahlul Ra'i doing the same thing.
		
00:36:15 --> 00:36:17
			They'll say, yes, this makes sense, but we
		
00:36:17 --> 00:36:19
			have these hadith and the ayat and they're
		
00:36:19 --> 00:36:20
			very strong.
		
00:36:20 --> 00:36:22
			So we need to just ignore our rationale
		
00:36:22 --> 00:36:24
			right now and give priority to the texts.
		
00:36:24 --> 00:36:26
			So it went both ways.
		
00:36:26 --> 00:36:29
			These are just popular approaches is where these
		
00:36:29 --> 00:36:30
			names came from.
		
00:36:30 --> 00:36:31
			All right.
		
00:36:33 --> 00:36:34
			I'm not going to have time to get
		
00:36:34 --> 00:36:39
			into this, but oversimplifying the madhab into rational
		
00:36:39 --> 00:36:43
			versus scriptural or strict versus lenient.
		
00:36:43 --> 00:36:44
			People always ask, what's the stricter madhab?
		
00:36:45 --> 00:36:46
			This is a wrong question, by the way.
		
00:36:47 --> 00:36:51
			The madhab are schools, meaning methods to derive
		
00:36:51 --> 00:36:53
			fiqh, derive law.
		
00:36:53 --> 00:36:54
			It's not like, oh, I'm going to take
		
00:36:54 --> 00:36:56
			the stricter approach or the easier approach.
		
00:36:56 --> 00:36:58
			No, it's I have a system of rules
		
00:36:58 --> 00:36:59
			that I use to interpret.
		
00:37:00 --> 00:37:03
			Whatever the interpretation comes out to be, strict
		
00:37:03 --> 00:37:03
			or loose, I don't care.
		
00:37:04 --> 00:37:05
			I'm being consistent.
		
00:37:06 --> 00:37:07
			I'm being principled.
		
00:37:08 --> 00:37:11
			So oversimplifying the madhab into rational versus scriptural
		
00:37:11 --> 00:37:15
			or strict versus lenient is tempting for anybody.
		
00:37:15 --> 00:37:18
			You can oversimplify it as a layman, but
		
00:37:18 --> 00:37:22
			it's simply not true historically and methodologically.
		
00:37:22 --> 00:37:23
			I mean, that's not their method.
		
00:37:23 --> 00:37:24
			It's just not true.
		
00:37:27 --> 00:37:28
			I'll share with you this image at a
		
00:37:28 --> 00:37:30
			later time, if Allah permits.
		
00:37:30 --> 00:37:32
			But this just shows you that how the
		
00:37:32 --> 00:37:35
			people of Medina and the people of Iraq,
		
00:37:35 --> 00:37:37
			where the two schools started, how they became
		
00:37:37 --> 00:37:40
			four schools and how they actually all took
		
00:37:40 --> 00:37:43
			from each other and adapted their opinions upon
		
00:37:43 --> 00:37:44
			learning from each other.
		
00:37:44 --> 00:37:45
			The evolution of fiqh.
		
00:37:46 --> 00:37:48
			And not just are they all students of
		
00:37:48 --> 00:37:50
			each other in a sense, but here in
		
00:37:50 --> 00:37:54
			this graph or this network of transmission, it
		
00:37:54 --> 00:37:58
			starts with the companions and doesn't just move
		
00:37:58 --> 00:38:00
			on to the founders of the fiqh schools,
		
00:38:00 --> 00:38:02
			the four great imams, but even the six
		
00:38:02 --> 00:38:05
			books of hadith, the famous hadith scholars are
		
00:38:05 --> 00:38:05
			in the mix as well.
		
00:38:06 --> 00:38:09
			It is all a system that is interdependent
		
00:38:09 --> 00:38:11
			and completes each other.
		
00:38:11 --> 00:38:13
			But this one I can read to you
		
00:38:13 --> 00:38:15
			because it's much smaller and so it's much
		
00:38:15 --> 00:38:16
			simpler.
		
00:38:18 --> 00:38:22
			So the image on your, that's your right.
		
00:38:23 --> 00:38:25
			It says Muslim was the student of al
		
00:38:25 --> 00:38:27
			-Bukhari and Bukhari was the student of Ahmed
		
00:38:27 --> 00:38:29
			ibn Hanbal and Ahmed was the student of
		
00:38:29 --> 00:38:31
			al-Shafi'i and al-Shafi'i was
		
00:38:31 --> 00:38:33
			the student of Malik and Malik was the
		
00:38:33 --> 00:38:35
			student of Nafi' and Nafi' was the student
		
00:38:35 --> 00:38:36
			of al-A'raj and al-A'raj
		
00:38:36 --> 00:38:38
			was the student of Abu Huraira and Abu
		
00:38:38 --> 00:38:40
			Huraira was the companion and student of the
		
00:38:40 --> 00:38:42
			messenger of Allah Sallallahu Alaihi Wasallam.
		
00:38:42 --> 00:38:43
			This is traceable.
		
00:38:44 --> 00:38:45
			You know, you have full confidence in where
		
00:38:45 --> 00:38:46
			all this came from.
		
00:38:51 --> 00:38:53
			And this other side splits it up between
		
00:38:53 --> 00:38:55
			Iraq and Mecca and Medina.
		
00:38:56 --> 00:38:57
			So in Iraq, for example, you have ibn
		
00:38:57 --> 00:39:00
			Mas'ud, his student was al-Qamah, al
		
00:39:00 --> 00:39:02
			-Qamah's student was Ibrahim al-Nakha'i.
		
00:39:02 --> 00:39:03
			These are not a single student.
		
00:39:04 --> 00:39:07
			There's thousands of students, but direct and most
		
00:39:07 --> 00:39:08
			famous teachers.
		
00:39:09 --> 00:39:11
			And then his student was Hamad ibn Salama
		
00:39:11 --> 00:39:13
			and then Hamad ibn Salama, the orange box
		
00:39:13 --> 00:39:17
			on the bottom right, is, bottom left, is
		
00:39:17 --> 00:39:18
			Abu Hanifa, rahimahullah.
		
00:39:19 --> 00:39:20
			And Abu Hanifa has his two famous students,
		
00:39:20 --> 00:39:21
			his two disciples.
		
00:39:22 --> 00:39:26
			And these two, they are companions and colleagues
		
00:39:26 --> 00:39:28
			of, all the way on the other side,
		
00:39:28 --> 00:39:30
			Imam al-Shafi'i, rahimahullah, who is the
		
00:39:30 --> 00:39:31
			student of Imam Malik in the middle.
		
00:39:33 --> 00:39:35
			This is not chronological, sort of perfectly depicted,
		
00:39:36 --> 00:39:36
			vertically at least.
		
00:39:38 --> 00:39:39
			All right, so what do we do with
		
00:39:39 --> 00:39:39
			this?
		
00:39:39 --> 00:39:40
			It's 8.30. I need 10 more minutes,
		
00:39:41 --> 00:39:41
			I'm so sorry.
		
00:39:42 --> 00:39:44
			What do we do with this, with the
		
00:39:44 --> 00:39:44
			four madhahib?
		
00:39:45 --> 00:39:48
			The four madhahib and the scholars of fiqh
		
00:39:48 --> 00:39:52
			in general, their various opinions, these are undoubtedly
		
00:39:52 --> 00:39:53
			valid opinions.
		
00:39:55 --> 00:39:56
			Undoubtedly valid.
		
00:39:56 --> 00:39:58
			I didn't say they're all correct.
		
00:39:58 --> 00:39:59
			They're valid, why?
		
00:40:00 --> 00:40:02
			Because so long as you're in the realm
		
00:40:02 --> 00:40:05
			of speculation, it's not a clear ayah or
		
00:40:05 --> 00:40:07
			hadith, it's not a matter of scholarly agreement.
		
00:40:07 --> 00:40:09
			So long as you're qualified, you're allowed to
		
00:40:09 --> 00:40:10
			have an opinion, it's a valid opinion.
		
00:40:12 --> 00:40:15
			That's it, we won't know for sure until
		
00:40:15 --> 00:40:16
			the day of judgment, which one was right.
		
00:40:17 --> 00:40:18
			And we don't need to.
		
00:40:18 --> 00:40:22
			The Prophet ﷺ said, إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ
		
00:40:22 --> 00:40:25
			فَأَصَابَ فَلَهُ إِلَيْهِ When the ruler passes a
		
00:40:25 --> 00:40:27
			judgment and exerts his effort, he does his
		
00:40:27 --> 00:40:30
			due diligence, turns out to be right, that's
		
00:40:30 --> 00:40:30
			on the day of judgment.
		
00:40:31 --> 00:40:34
			He gets two rewards, for trying and for
		
00:40:34 --> 00:40:35
			being right, meaning.
		
00:40:36 --> 00:40:37
			And he says, and if he exerts his
		
00:40:37 --> 00:40:39
			effort and is wrong, he gets one reward.
		
00:40:40 --> 00:40:41
			So how can you say sort of he
		
00:40:41 --> 00:40:42
			had no right to do that when Allah
		
00:40:42 --> 00:40:43
			is rewarding him?
		
00:40:43 --> 00:40:43
			Yes?
		
00:40:46 --> 00:40:47
			So what makes it valid?
		
00:40:48 --> 00:40:49
			They agree on the primary sources.
		
00:40:49 --> 00:40:50
			They're all taken from Quran.
		
00:40:50 --> 00:40:52
			They're all taken from Sunnah.
		
00:40:52 --> 00:40:54
			They're all respecting and not infringing on the
		
00:40:54 --> 00:40:56
			areas of scholarly agreement.
		
00:40:56 --> 00:40:58
			They're all using valid methodologies.
		
00:40:59 --> 00:41:05
			And then secondly, because they're secondary sources, they
		
00:41:05 --> 00:41:06
			are disputable.
		
00:41:06 --> 00:41:09
			There's no categorical conclusion to any of these
		
00:41:09 --> 00:41:09
			discussions.
		
00:41:10 --> 00:41:13
			So when the Hanafis, rahimahumullah, they have a
		
00:41:13 --> 00:41:17
			principle that says, any clear analogy, right?
		
00:41:20 --> 00:41:23
			Will be given precedence, will be stronger than
		
00:41:23 --> 00:41:24
			a had hadith.
		
00:41:24 --> 00:41:26
			A hadith that is not like mass transmitted.
		
00:41:27 --> 00:41:29
			Okay, you can't overturn that by the way.
		
00:41:30 --> 00:41:32
			You can't say that's clearly wrong.
		
00:41:32 --> 00:41:34
			It's not, you would not be able to
		
00:41:34 --> 00:41:36
			prove that to anyone that understands these subjects
		
00:41:37 --> 00:41:38
			and is being honest.
		
00:41:38 --> 00:41:41
			The Malikis would say, if there's a practice
		
00:41:41 --> 00:41:42
			in the people of Medina, they were in
		
00:41:42 --> 00:41:45
			Medina, and it's an ongoing practice and everybody's
		
00:41:45 --> 00:41:48
			doing it, therefore, if a hadith comes contrary
		
00:41:48 --> 00:41:50
			to that, we should wonder if this hadith
		
00:41:50 --> 00:41:51
			is authentic.
		
00:41:51 --> 00:41:53
			That's like a sign for us to reconsider
		
00:41:53 --> 00:41:54
			the hadith.
		
00:41:54 --> 00:41:57
			That's their principle, that they would compare what
		
00:41:57 --> 00:41:59
			is sunnah, the ongoing practice of Medina, or
		
00:41:59 --> 00:42:02
			the ahad hadith, the hadith that has a
		
00:42:02 --> 00:42:03
			singular chain, if you will.
		
00:42:05 --> 00:42:09
			Okay, you have a statement of a companion.
		
00:42:09 --> 00:42:10
			What do you do with the statement of
		
00:42:10 --> 00:42:11
			a companion?
		
00:42:11 --> 00:42:14
			If there's a hadith that's weak, do we
		
00:42:14 --> 00:42:16
			take the statement of the companion or the
		
00:42:16 --> 00:42:18
			prophet's statement, but we can't prove the prophet
		
00:42:18 --> 00:42:19
			said it?
		
00:42:19 --> 00:42:22
			We have like a semblance of a reason
		
00:42:22 --> 00:42:23
			to believe the prophet said it.
		
00:42:24 --> 00:42:25
			This is found in the Hanbali Madhab.
		
00:42:25 --> 00:42:26
			So they all have these principles.
		
00:42:27 --> 00:42:28
			I just want you to keep in mind,
		
00:42:29 --> 00:42:32
			brothers and sisters, so these three points, why
		
00:42:32 --> 00:42:32
			they differ.
		
00:42:32 --> 00:42:34
			Number one, they differ on what was said.
		
00:42:34 --> 00:42:35
			Is the hadith authentic or not?
		
00:42:36 --> 00:42:38
			The science of hadith is seven sub-sciences
		
00:42:38 --> 00:42:40
			that all have a conversation with each other,
		
00:42:40 --> 00:42:42
			a negotiation, there's an interplay, and they come
		
00:42:42 --> 00:42:44
			out with a, we think it's authentic, we
		
00:42:44 --> 00:42:44
			think it's not.
		
00:42:45 --> 00:42:46
			And they're not always gonna agree.
		
00:42:46 --> 00:42:48
			The hadith scholars are gonna come out with
		
00:42:48 --> 00:42:50
			different conclusions on, did the prophet say it
		
00:42:50 --> 00:42:51
			or not?
		
00:42:52 --> 00:42:55
			Then, number two, they're gonna differ on, okay,
		
00:42:55 --> 00:42:57
			he said it, or the ayah said it
		
00:42:57 --> 00:42:59
			even, even the ayah now.
		
00:42:59 --> 00:43:00
			But what did it mean?
		
00:43:01 --> 00:43:02
			What did it mean?
		
00:43:03 --> 00:43:05
			So for instance, the prophet Sallallahu Alaihi Wasallam
		
00:43:05 --> 00:43:07
			clearly said, a woman should not pluck.
		
00:43:08 --> 00:43:10
			Nums is haram, nums.
		
00:43:10 --> 00:43:10
			He said nums.
		
00:43:11 --> 00:43:11
			What is nums?
		
00:43:13 --> 00:43:15
			If you go grab all the books on,
		
00:43:16 --> 00:43:20
			Arabic language, some of them believe that nums
		
00:43:20 --> 00:43:22
			means plucking the eyebrow.
		
00:43:23 --> 00:43:25
			Eyebrow hair is called nums.
		
00:43:26 --> 00:43:28
			Others have said, like Imam At-Tabari Rahimahullah,
		
00:43:29 --> 00:43:31
			nums is plucking facial hair.
		
00:43:34 --> 00:43:38
			So based on your conviction on the linguistic
		
00:43:38 --> 00:43:40
			meaning of nums, you're gonna say she can
		
00:43:40 --> 00:43:43
			or cannot remove the hair that is not
		
00:43:43 --> 00:43:44
			browing over her eyes.
		
00:43:44 --> 00:43:45
			The hair in the middle, for instance.
		
00:43:46 --> 00:43:48
			When Allah Subh'anaHu Wa Ta-A'la
		
00:43:48 --> 00:43:51
			says that the divorced woman, for instance, she
		
00:43:51 --> 00:43:53
			stays unmarried for three qur, three qur.
		
00:43:54 --> 00:43:57
			Qur to the people of one region meant
		
00:43:57 --> 00:43:59
			something, which is menstrual cycles.
		
00:44:00 --> 00:44:01
			And to the people of another region meant
		
00:44:01 --> 00:44:05
			something else, which is exiting the menstrual cycle,
		
00:44:06 --> 00:44:06
			a state of purity.
		
00:44:07 --> 00:44:09
			For instance, you know, I'll give you a
		
00:44:09 --> 00:44:11
			good example to defend the Hanbalis because I'm
		
00:44:11 --> 00:44:12
			like, you know, biased here.
		
00:44:13 --> 00:44:13
			I'm Hanbali.
		
00:44:14 --> 00:44:16
			The prophet Sallallahu Alaihi Wasallam said on the
		
00:44:16 --> 00:44:19
			29th day of Sha'ban, if it is
		
00:44:19 --> 00:44:21
			unclear to you the moon, what do you
		
00:44:21 --> 00:44:21
			do?
		
00:44:22 --> 00:44:27
			He said in one narration, fa'atimmu, complete
		
00:44:27 --> 00:44:28
			the fast.
		
00:44:29 --> 00:44:29
			Right?
		
00:44:29 --> 00:44:31
			I'm sorry, complete, fa'atimmu.
		
00:44:32 --> 00:44:33
			And so it's crystal clear.
		
00:44:33 --> 00:44:35
			You complete the day of Sha'ban and
		
00:44:35 --> 00:44:36
			you don't fast yet.
		
00:44:36 --> 00:44:38
			You don't fast the just-in-case day,
		
00:44:39 --> 00:44:41
			yawm al-shaq, the doubtful day.
		
00:44:43 --> 00:44:44
			Because the hadith says, complete.
		
00:44:46 --> 00:44:48
			Imam Ahmad believed that hadith, which is crystal
		
00:44:48 --> 00:44:51
			clear, to be a little inauthentic.
		
00:44:52 --> 00:44:53
			He had a criticism of its chain.
		
00:44:54 --> 00:44:55
			He said, and there's another hadith.
		
00:44:55 --> 00:44:57
			They're gonna say there's another hadith.
		
00:44:57 --> 00:44:57
			They're gonna tell him.
		
00:44:57 --> 00:44:58
			The majority is gonna tell him.
		
00:44:59 --> 00:45:01
			The other hadith says, faqduru lahu.
		
00:45:02 --> 00:45:03
			Faqduru lahu means what?
		
00:45:05 --> 00:45:06
			Estimated to them.
		
00:45:06 --> 00:45:08
			He said, that's not what faqduru lahu means.
		
00:45:09 --> 00:45:10
			Qadara means tighten.
		
00:45:11 --> 00:45:12
			We heard in Salatul Isha' today.
		
00:45:13 --> 00:45:14
			Qadara alayhi rizqahu.
		
00:45:15 --> 00:45:18
			He tightens his rizq for him and then
		
00:45:18 --> 00:45:20
			he misunderstands and thinks Allah hates him.
		
00:45:20 --> 00:45:22
			We just heard that in Salatul Isha' just
		
00:45:22 --> 00:45:23
			now.
		
00:45:23 --> 00:45:25
			So he's saying Allah is telling you tighten
		
00:45:25 --> 00:45:27
			Sha'ban and fast one day early just
		
00:45:27 --> 00:45:28
			in case.
		
00:45:28 --> 00:45:29
			You see what's happening there?
		
00:45:30 --> 00:45:30
			Is it authentic?
		
00:45:31 --> 00:45:32
			And then what does it mean?
		
00:45:34 --> 00:45:36
			And then the third one, which is the
		
00:45:36 --> 00:45:37
			bread and butter of fiqh.
		
00:45:37 --> 00:45:38
			How do you reconcile?
		
00:45:39 --> 00:45:40
			You have two things.
		
00:45:40 --> 00:45:42
			You've established what they mean to you.
		
00:45:42 --> 00:45:44
			What if they're conflicting now?
		
00:45:44 --> 00:45:47
			How do you reconcile between seemingly conflicting reports?
		
00:45:47 --> 00:45:49
			So they all have their systems, their rules
		
00:45:49 --> 00:45:50
			for reconciling.
		
00:45:51 --> 00:45:53
			And also the validity of the madhab needs
		
00:45:53 --> 00:45:56
			to be vouched for in light of number
		
00:45:56 --> 00:46:00
			three, that they have proved their competence.
		
00:46:01 --> 00:46:02
			What do I mean?
		
00:46:03 --> 00:46:06
			The madhab is not a set of ideas.
		
00:46:06 --> 00:46:07
			Many will think the madhab is just a
		
00:46:07 --> 00:46:09
			number of opinions that we always say on
		
00:46:09 --> 00:46:09
			the microphone.
		
00:46:09 --> 00:46:10
			That's not what the madhab is.
		
00:46:11 --> 00:46:12
			It's not the answers that they have in
		
00:46:12 --> 00:46:14
			their books about previous questions.
		
00:46:15 --> 00:46:20
			The madhab is like the legal infrastructure of
		
00:46:20 --> 00:46:23
			a massive community of scholars that is like
		
00:46:23 --> 00:46:25
			a living, breathing force, right?
		
00:46:26 --> 00:46:28
			So many scholars have tried to put together
		
00:46:28 --> 00:46:30
			a system to interpret in a way that
		
00:46:30 --> 00:46:33
			allows us to answer unlimited questions until the
		
00:46:33 --> 00:46:34
			day of judgment.
		
00:46:34 --> 00:46:34
			You get it?
		
00:46:35 --> 00:46:36
			And they all withered away.
		
00:46:37 --> 00:46:38
			And these four remained.
		
00:46:38 --> 00:46:40
			So that's very impressive.
		
00:46:41 --> 00:46:42
			That's why people would say, just like go
		
00:46:42 --> 00:46:43
			with the madhabs, you will not be able
		
00:46:43 --> 00:46:44
			to recreate the system.
		
00:46:46 --> 00:46:50
			Like these intellectual skyscrapers, they might need to
		
00:46:50 --> 00:46:53
			get dusted, but they haven't fallen.
		
00:46:53 --> 00:46:54
			That's what we're trying to say.
		
00:46:55 --> 00:46:57
			Yes, maybe some stagnation happened with the madhab,
		
00:46:57 --> 00:46:59
			people became sectarian, get rid of the sectarian
		
00:46:59 --> 00:47:00
			part.
		
00:47:00 --> 00:47:04
			But the madhabs as intellectual juggernauts, as sort
		
00:47:04 --> 00:47:06
			of legal mechanisms, they're indispensable.
		
00:47:07 --> 00:47:07
			They haven't crumbled.
		
00:47:09 --> 00:47:11
			They are how we get signals, the best
		
00:47:11 --> 00:47:13
			signal we can possibly have on speculative issues
		
00:47:13 --> 00:47:16
			about what the message of Allah is, what
		
00:47:16 --> 00:47:17
			Allah wants from us here and there.
		
00:47:18 --> 00:47:19
			Last slide.
		
00:47:21 --> 00:47:25
			When there are disagreements among our scholars, وَرَحِمَهُمُ
		
00:47:25 --> 00:47:28
			اللَّهُ وَحَفِظَ الْأَحْيَاءَ مِنْهُمْ Number one, you need
		
00:47:28 --> 00:47:30
			to realize that not every difference is a
		
00:47:30 --> 00:47:30
			disagreement.
		
00:47:31 --> 00:47:32
			There are disagreements that are just variety.
		
00:47:34 --> 00:47:35
			You know, like the way Sheikh Ahmed and
		
00:47:35 --> 00:47:38
			Sheikh Omar read Quran, these are both traceable
		
00:47:38 --> 00:47:38
			to the Prophet ﷺ.
		
00:47:39 --> 00:47:40
			These are not right and wrong.
		
00:47:40 --> 00:47:41
			These are right and right.
		
00:47:42 --> 00:47:43
			Right, like the modes of recitation.
		
00:47:44 --> 00:47:44
			So that's one category.
		
00:47:45 --> 00:47:46
			You need to know that.
		
00:47:46 --> 00:47:51
			Or else, disagreeing there is disagreeing with the
		
00:47:51 --> 00:47:51
			Prophet himself.
		
00:47:52 --> 00:47:53
			Sallallahu alayhi wa alayhi wa sallam.
		
00:47:54 --> 00:47:57
			Then level two is when there's disagreement, when
		
00:47:57 --> 00:47:59
			there's like contradictory views, like right and wrong,
		
00:47:59 --> 00:48:00
			halal and haram.
		
00:48:00 --> 00:48:05
			Yes, those we said invalid, invalid differences, they
		
00:48:05 --> 00:48:07
			are speculative by design.
		
00:48:07 --> 00:48:08
			Allah made them that way.
		
00:48:09 --> 00:48:13
			And this offers us enough flexibility for the
		
00:48:13 --> 00:48:16
			shari'ah to remain relevant, timeless relevance.
		
00:48:18 --> 00:48:20
			You know, something Al-Ghazali rahimahullah says that's
		
00:48:20 --> 00:48:23
			valuable here in his discussion on sulfiq, legal
		
00:48:23 --> 00:48:23
			theory.
		
00:48:24 --> 00:48:26
			He says, when the scholars of Islam disagree
		
00:48:28 --> 00:48:31
			and they don't condemn each other, this means
		
00:48:31 --> 00:48:32
			two things.
		
00:48:33 --> 00:48:36
			Number one, they agree that you're allowed to
		
00:48:36 --> 00:48:37
			disagree here.
		
00:48:38 --> 00:48:40
			Like everyone's saying, no, no, no.
		
00:48:40 --> 00:48:42
			And they're all saying, yes, abarath, no.
		
00:48:42 --> 00:48:43
			We can disagree here.
		
00:48:44 --> 00:48:45
			That's why we're not condemning each other.
		
00:48:46 --> 00:48:49
			Number two, he says it means that the
		
00:48:49 --> 00:48:50
			issue is speculative.
		
00:48:50 --> 00:48:52
			Why else would I let you disagree?
		
00:48:52 --> 00:48:56
			Why would I let you knowingly dismiss the
		
00:48:56 --> 00:48:56
			revelation?
		
00:48:57 --> 00:48:57
			You're not.
		
00:48:58 --> 00:49:00
			I am admitting that it actually can be
		
00:49:00 --> 00:49:03
			read in multiple ways, right?
		
00:49:03 --> 00:49:05
			So when they disagree on a set number
		
00:49:05 --> 00:49:09
			of views, that's an agreement from them that
		
00:49:09 --> 00:49:11
			we're allowed to speculate within these views.
		
00:49:12 --> 00:49:14
			So just stay out of the conversation.
		
00:49:14 --> 00:49:15
			That doesn't mean it's a free for all.
		
00:49:16 --> 00:49:18
			They also agree that you can't just fatwa
		
00:49:18 --> 00:49:18
			shop.
		
00:49:18 --> 00:49:20
			You can't just cherry pick because the shari
		
00:49:20 --> 00:49:22
			'ah came to remove us from our desires,
		
00:49:22 --> 00:49:23
			from worshiping our desires.
		
00:49:24 --> 00:49:26
			But you are allowed as a scholar to
		
00:49:26 --> 00:49:28
			speculate, as a scholar.
		
00:49:28 --> 00:49:30
			As a layman, you pick your scholar.
		
00:49:30 --> 00:49:31
			You try your best to find the right
		
00:49:31 --> 00:49:32
			scholar and that's it.
		
00:49:32 --> 00:49:33
			You've done your part.
		
00:49:34 --> 00:49:36
			The third thing is when we dismiss.
		
00:49:36 --> 00:49:39
			When there's something definitive, like the oneness of
		
00:49:39 --> 00:49:41
			Allah, the prophethood of Muhammad, the five prayers,
		
00:49:42 --> 00:49:47
			the heterosexual marriages or whatnot, we're gonna dismiss
		
00:49:47 --> 00:49:48
			any conversation after that.
		
00:49:48 --> 00:49:49
			This is not up for discussion.
		
00:49:50 --> 00:49:54
			This is what makes Islam noticeable, identifiable a
		
00:49:54 --> 00:49:54
			thousand years later.
		
00:49:55 --> 00:49:56
			If this is up for discussion, there's no
		
00:49:56 --> 00:49:57
			such thing as Islam anymore.
		
00:49:57 --> 00:49:58
			It's gone.
		
00:49:59 --> 00:50:01
			This is a rallying point for the unity
		
00:50:01 --> 00:50:03
			and it's not like, oh, you have your
		
00:50:03 --> 00:50:04
			truths and I have mine.
		
00:50:04 --> 00:50:04
			No.
		
00:50:05 --> 00:50:07
			And the last thing is disunity.
		
00:50:08 --> 00:50:10
			I've said this in the talk a few
		
00:50:10 --> 00:50:11
			weeks prior.
		
00:50:11 --> 00:50:14
			Disunity is subject to pros and cons.
		
00:50:15 --> 00:50:17
			We can dismiss someone's view and still unite
		
00:50:17 --> 00:50:18
			with them on the common good.
		
00:50:19 --> 00:50:20
			I can start a food pantry with my
		
00:50:20 --> 00:50:23
			local synagogue or church if I believe there
		
00:50:23 --> 00:50:25
			is a benefit in that, right?
		
00:50:26 --> 00:50:27
			Hypothetically, we're speaking about.
		
00:50:27 --> 00:50:28
			Why not?
		
00:50:28 --> 00:50:30
			And I can agree with someone and not
		
00:50:30 --> 00:50:33
			necessarily collaborate with them because it's just duplication
		
00:50:33 --> 00:50:36
			of efforts or brand confusion or whatever.
		
00:50:37 --> 00:50:39
			It may not be viable financially, whatever it
		
00:50:39 --> 00:50:40
			may be.
		
00:50:40 --> 00:50:41
			That has nothing to do with the first
		
00:50:41 --> 00:50:42
			three categories and we should keep that in
		
00:50:42 --> 00:50:43
			mind as well.
		
00:50:45 --> 00:50:45
			Jazakallah khairan.
		
00:50:46 --> 00:50:49
			I always tell people it is so important
		
00:50:49 --> 00:50:51
			and Dr. Omar was saying that last night
		
00:50:51 --> 00:50:54
			as well to me, to a few brothers,
		
00:50:54 --> 00:50:56
			that the biographies of the scholars are very
		
00:50:56 --> 00:50:58
			underserved and we see them as just like
		
00:50:58 --> 00:51:00
			a list, a bucket list of rules and
		
00:51:00 --> 00:51:04
			opinions and statements and we do want to
		
00:51:04 --> 00:51:05
			hit an equilibrium.
		
00:51:05 --> 00:51:07
			We wanna get back to the legacies of
		
00:51:07 --> 00:51:10
			the scholars being rehearsed so we develop respect
		
00:51:10 --> 00:51:13
			for them and what Allah permitted for them
		
00:51:14 --> 00:51:18
			to establish of frameworks for us to function
		
00:51:18 --> 00:51:22
			within our faith, to understand our religious practice,
		
00:51:22 --> 00:51:25
			to sort of identify our sacred law in
		
00:51:25 --> 00:51:27
			an endless number of contexts until the day
		
00:51:27 --> 00:51:27
			of judgment.
		
00:51:28 --> 00:51:29
			Subhanaka Allahumma alhamdu lillahi wa ash-shaytani lillahi
		
00:51:29 --> 00:51:31
			wa ala anta nastaqfiru kana atubu ilayh.