The Evolution Of Fiqh – Part 6

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Moutasem al-Hameedy

Channel: Moutasem al-Hameedy

Series:

Topics: Fiqh

Episode Notes

This Course presents fiqh from a wide view, beneficial for any student of knowledge. The course starts from the Fiqh at the time of the prothet Mohamed (SAW) up to our time. The main book of the Course is The Evolution of Fiqh by Dr. Bilal Philips.

Episode Transcript

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


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hamdulillah salat wa salam ala nabina Muhammad wa ala alihi wa sahbihi

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dealing with during the time of the whole affair unless you do one, and this is basically from the year 11, after hedgerow until the year 40, which in which the fourth halifa

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Allahu anhu. was, was murdered.

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And

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I believe it's become apparent how Phil has started deferring a little bit from the time of the Prophet sallallahu alayhi wasallam, in the sense, during the lifetime of Allah's Messenger, alayhi salatu was Salam.

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The Companions would usually refer to the Prophet sallallahu alayhi wasallam, and get us a specific answer and get a specific answer. But

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there were certain instances when they were far from the messengers and they did not have access to the person of the Prophet sallallahu wasallam they had to use their honesty had and their own personal, you know, effort to arrive at the correct kind of ruling or conclusion. But after the passing of the messenger, sallallahu alayhi wasallam. We said the companies were faced with new situations they had, like, for the first time, they're dealing with something like this. Second of all, some of these new situations were not specifically stated in the Quran, or the sooner. So sometimes they were maybe a combination of two situations in one.

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And they have a ruling then a ruling from the profits of Saddam on this one, but not an on that one. But these two rulings,

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these two rulings being put together, that was a new situation, how to deal with this, one of these, like, examples of this just to make it more tangible. And it's not something I would say the companions is different upon, as far as I know, but I'm just saying this is a key issue, you know, the messenger sallallahu wasallam

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prohibited us from praying

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just before marketing, just before sunset, the prophets of Salem prohibited that and he basically advised against praying just before sunset

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and we also know that the messages are seldom said

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if one of you comes to the masala or to the mustard, masala here means Masjid, they should not sit until they pray to a locker which are called later on to hear to mustard, the greeting of the masjid, the greeting of the prayer area. Now, if someone comes to the masjid,

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just before matter of five minutes before mclubbe, should they pray? Should they pray and then sit? Or should they sit without praying? Because now we have two situations. One, there's a prohibition of praying before my web just before marveling to say 15 minutes on the last 15 minutes before my lip. And we also have an obligation that before you sit, you have to pray to a locker. So which one to follow? Now, this is a situation where we have two situations being put together. How to deal with this, should I follow this Hadith, which says don't pray at this time.

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Okay, apart from the obligatory prayers you have you have you missed us or you can pray them, we're talking about a prayer that's not one of the mandatory prayers, or not one of the five mandatory prayers. But you have another Hadith that says, you know, you can't sit in the masjid unless you pray to Raka. So which one should I follow? Now, this is a situation that's a mixture of two and we have two seemingly conflicting instructions, how should we deal with such a situation? Okay, this is what I'm saying or what I mean by there are new situations, there are new situations combination of situations that companions had to deal with that they did not have a specific a specific text on or

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this newly arising situation consisted of more than one situation and each one of them took in a different direction.

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So the companions generally speaking, were faced with new situations, they had to come up with conclusions they have, they had to use their understanding of the Quran and the Sunnah. And what we can loosely call the philosophy of legislation. This is a very loose usage of the word. Okay, this is a very old basically the logic behind that seems to be all the guidelines that seem to be running behind everything in Islam and the legislation in

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them. So they need to use their understanding of that, in order to arrive at new situations. Today's session is actually talking about these

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is dedicated to talking about these newly arising situations and how the companions use he had to deal with them. And interestingly enough, the companions have different they have arrived at different conclusions.

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Why did they arrive at different conclusions? That's one issue that we will deal with the charmer and the other issue that we will deal with. We will see how they handled this kind of differing

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did it lead to any clashes and disagreements? And he fights, any factionalism. Right. Or any cults being created? Did it lead to that? Or was it a matter that was

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treated or that was handled with wisdom and balance and respect of both parties were involved in this? In the book of chef amin and Bill Phillips,

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like the chapter is quite small on the this period, about the companions, he talked about a few issues. And it was it's actually, as I said previously about his book, it's a good framing effort in the English literature in the English language, we don't have so much literature talking about this subject. So it's a very good framing effort, it does set the frame for understanding how, you know, are these subjects that we do we're dealing with, so it's a good foundational work on the on the subject. I will start by talking of sharing some examples from the companions and how they dealt with new issues. Prior to this,

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I've received a few research proposals. There's one sister who will be talking about he had in general, and then she will specifically she narrowed down the point of her research to talk about I believe mortgage is that right? This is today's mortgage, mortgage, this is going to talk about Okay, mortgage, yes. Okay, good. So mortgage in today's world and Muslims, Muslim minorities living in the Western world, how the scholars have dealt with in terms of wished he had today, how did they assess the situation, which is a very good way to narrow down the concept of which Jihad and take one example one case in point and see how it's been dealt with today.

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Brother, Abdi hears come up with three interesting, very interesting, I actually like his choice of topics, just to share with you just to give you some kind of taste of how others think his first topic was denied, disprove disregard the issue with social media and Islam. And I think I think he goes down in the description a bit more precisely about how Muslims are dealing with their differences today, sometimes accusing others who disagree with them, of maybe watering down Islam or not dealing with it, right. So I think it's a very good choice. And I think you're heading towards that. Yeah, you lean towards more multiples that the second one was, and I think it could be

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included in the first one, to a certain extent, a rise of Islamic intelligence breaking free from cultural norms. I think this is a very good topic. But it could be included in how we handle the first one. So it could be that the third one was the best examples to follow. Obtaining understanding through the prophet SAW Selim and his companions. And also I think, if brother had,

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like rights on the first point with the first proposal, I think he can reveal a lot of this indirectly in an indirect fashion. So very good choice.

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AKA we have Brother Mohammed jazzer.

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And,

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Okay, very good. We're going to sing it for the first time, and it's about the issue of halal meat, and the issue of slaughter, which is needed. We need that kind of insight, we need to see what the scholars have, how they have differed, the scholars of today how they have different about this, and how it should be handled, how it should be handled, so at least, okay, even if there's a disagreement, we see how we can handle it wisely without compromising our Islamic principles, and without compromising on our sense of brotherhood. On our sense of brotherhood, excellent. So good. I'm very happy with this. I think, Brother Mohammed as well from the media said that he will

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research the issue of the beard, and how the scholars have differed about this throughout the ages.

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So it's more about the growing the beard, the obligation of growing the beard. What are the what are the different texts there? What are the different opinions, where do they come from, what are the base, what are the foundations what what are the premises that are standing on and the issue of the length of the bead, how

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was handled by the scholars. So we see Is there a genuine difference there? Or is it just an insignificant kind of difference? That's a big research, but it's very much needed as well.

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anyone thinking let's just see no commitment, but anyone thinking of something? And they haven't really put it. Yeah, your research is actually I think it's a very interesting, it's a bit broad.

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narrowing down, okay, which is very good is actually using the some of the principles, we mentioned, the guidelines that we find in Islam, which is about minimizing difficulty, which is also about

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removing hardship. So the brothers using them more within a professional, administrative, managerial, you know, context, which is a very interesting to me, I find this very interesting. So what did you how narrow did you go? How specific?

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Yes.

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props and artifacts and statues, like many things and whatever, for purely for the purpose of education?

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Not for the purpose of worship? Yes. So this is something along the lines of why muslim extremists when?

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Yes,

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so you change the issue.

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Okay, so you want to use that general framework to discuss that issue. Okay. But remember, something we're not here in a class or

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we're not arriving at 50 conclusions? Because, honestly, we're not qualified. But the all of these points, were studying how the scholars are dealing with things, okay, so it's not for me or for you. And you will see, even when I talk about the differences among the companions, we will not arrive at a conclusion, which is correct, which is incorrect, we will not arrive at this, we'll just mention the difference between because that's our class, a class is not a fixed key, we're not talking about fixed issues, trying to arrive at a conclusion, what's the right ruling here? That's not our class? That's beyond the scope of this class?

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I,

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I don't want to be, I don't want to control you know, your choice. So I think your starting point was about seeing the guidelines of Islam, which is removal of difficulty bringing ease,

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achieving, for example, justice, things like that, these great principals, if you still want to see how

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to take one of them and see.

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I'm not sure. I don't want to I don't want it to be my own research. But, you know, the, the issue of talking about using melakukan What are they call? I'm using my Arabic Now, the proxy for, you know, different purposes, regardless Yeah, in education, or in marketing, etc. And how this probably if you want to do it this way, you want to see how this colors have different of today, because obviously it's a new issue. See how this color is different about that. Maybe you also want to see how cartoons because that's an interesting topic, cartoons if using cartoons, or animation, for purposes of education purposes of raising awareness about important issues. Okay, because there's an

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issue with, you know, making images, generally speaking, drawings. So, so you want to see how these colors have different have today, how they have different about this? Good. So you highlight the difference. And you see, you know, where these colors are coming from and where these colors are coming from?

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Yes, sure, you can use these principles. Absolutely. You want to look at this in the light of these principles, but it's not for you or me to arrive at a conclusion. Okay, we'll leave that for this conference there.

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Okay, good. Now is sort of back on track and Sharma Mashallah. Yes, I

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already found it.

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And I'm just going to

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have the past and present kind of bringing together all of the different opinions. The way to answer this question is to look at the scope of our class. Our class is more about seeing how fit developed the story of the history of legislation. So

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For us, we saw how it was at the time of the Prophet Salaam. Now we're looking having a look at how it was at the time of the companions. And slowly we'll move on now to the tablet and then the mother habit, the format I have, and how it developed and then afterwards. So,

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for example, the thought that came to my mind was

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dealing with gender, in the workplace,

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in the school system,

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you just suggested

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exactly the issue of mixing between the genders, two genders, okay, how it was at the time of the prophet SAW Selim, how it was later on?

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And how is it seen today? What are the scholars saying? What are the different opinions?

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Okay.

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Exactly. Exactly. May Allah make it easy for you, I'm not sure how many references you will find. But it's a very good, this is what we want is we want to see what we're going through as Muslims today. And see, what's the reason behind the differences. Because some we have, oftentimes, there's a lot of name calling, there's a lot of accusations on both sides. Or you guys are living in a in, you know, in the old times, and some people say, Oh, you're coming up with an progressive Islam. You know, so we want to see how true these are. And is there room for differences? Or is it just a violation? So it's good to broaden our perspective and see where, you know, whoever is talking about

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these issues are coming from.

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Okay, so when there's a legitimate kind of difference, we respect that. But when there is a difference, that difference that's completely off the mark. Okay, we know that this is actually has no proper foundations. So and so it's good to see where people are coming from. So we recognize what's a good, legitimate difference? And what is a difference that's based on just desires, or some kind of external influence, and it's in violation to the texts and to the general guidelines that we find within Islam? Okay, more ideas?

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Like that's very complex, right.

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Mixing is not really a wide topic, it's quite a narrow topic is quite a narrow topic. Yeah.

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Yes, the beat is very specific. But May Allah make it easy for the brother, there's a whole lot of literature that he will have gone through, there's quite a bit of literature review, which is reading a lot of reading to do.

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If someone wants to take this battle, that's a very good thing as well. That's a very, because it's a it's a common reason for a lot of criticism and fights, and fights. So someone could take this another issue that I could throw some, like ideas on you, anyone who finds them interesting, they can probably the issue of the Shambo resembling the non Muslims. The Shambo? What does it really mean? What did the scholars say about what is the Arabic Say language say about this? How was it at the time of the Prophet sauce? And how was it at later times? Okay, because you will find sometimes people say, you know, okay, someone is wearing the, or he's dressed up like the non Muslims. But is

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this a legitimate kind of naming? Is it a title a real title? Or is it just a personal like opinion?

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So that's a good thing. That's a good thing to look into

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the issue of Isabel, obviously, the issue of respect for sisters could be the issue of the face they have, etc. What's the difference? Because there's a huge difference among the scholars about this. What does it mean, you know, in a Western context, where Muslims live as a minority.

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So these are pressing issues. Maybe someone wants to look at, you know, being engaged politically.

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being engaged politically is that how far can we go with this? Is it legitimate and legitimate?

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Okay, where do the scholars come from with regards to this? How do they discuss this? Okay, let's start with the differences that took place among the companions.

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One example is

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a pregnant woman whose husband passed away.

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She has a waiting period before she is allowed to get married. Any woman whose husband passes away, she's given a period a waiting period, which is called an Arabic

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and she is supposed to wait until that waiting period is over. Then she is

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able to receive proposals or, you know, seek marriage. Prior to that, during this waiting period, she's not allowed to, to receive proposals or seek proposals. She's not allowed. And she's meant to, you know, even like social may limit her socialization to

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a minimum. So, if a pregnant woman whose husband passes away, there's a difference among the companions of the Prophet SAW someone, for example, Omar

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Allahu anhu. And our loved Mr. Would they have the opinion that

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as soon as she gives birth,

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her waiting period is over. So this a woman a woman was in her ninth month of pregnancy, her husband passes away

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10 days later she gives birth. So her waiting period was 10 days is she allowed to seek marriage after these 10 days after birth, or not, according to the law her and I beloved Mr. Old and some other companions. It was this because the verse says

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what will lead to a family agenda? Yaba Hamblen and salata Pollock will add to the agenda una Abraham Lincoln and the pregnant women that are waiting period is when they give birth ends by them giving birth. That's the end of the waiting period.

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This is in solid Allah subhanaw taala used to be called by Abdullah bin Massoud surah, Nisa, or sohara.

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He used to call it the soul of women, the smaller or the shorter surah a woman that I've learned my son's name and he had he also used to call another Surah Surah Nisa, Al Cobra Surah Nisa, Cobra anyone knows which surah he's talking about the surah of women the or the biggest surah of women

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you know, Al Baqarah

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Aguilar a special sometimes terminology he sometimes because there's a lot of rulings pertaining that pertain to women that were discussed also and solid, Al Baqarah. A lot of issues about divorce or about other issues, marital issues.

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However, Allie robley, Allahu Allah, and Abdullah bass will be alone.

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They considered the death of the pregnant woman, the waiting period of the pregnant woman would be the longest, the longest of the two types of because ideally, a woman, the waiting period of our divorced woman would be

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Oh, yes, a woman whose husband dies for months and 10 days for months and 10 days. That's how many days 130 days right.

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Roughly 130 days, so assuring why Shaw

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will live in a Utah phone. I'm in como una as well as an ATAR aubusson IBM B NPC in our battle assuring Watashi wa those among you who die and they leave behind them a wife. His wife waits in that waiting period for four months and 10 days. That's the Salton bacala Surat Al Baqarah, according to our beloved Massoud solothurn, Lisa Cooper.

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So I Li and even ag bass, as you know the law 111, Houma.

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They say, No, she waits, she has two options. Sorry, there are two renders here, either when she gives birth, her waiting period is over, or

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these 130 days are which is four months and 10 days. So they're saying is the longest of these two periods. She has to wait for the longest of these two periods.

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The longest adult journey. She has to wait. So they say it's not when she gives birth. No, she has to wait in that waiting period and her for the longest of these two periods. So let's say she was in her ninth month of pregnancy. She gave birth 10 days after the death of her husband is her over according Talib vitalant and others know, she has to wait four months 10 days.

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say she was in the second month of pregnancy

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and her husband dies.

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How long does he wait

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until she gives birth which is more

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Most likely, will be longer than the four months and 10 days. So that's their opinion, they have deferred, both of them deferred.

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Now, we're not going to say which is more correct, because there are scholars who backing this scholars who are backing this, but we see this difference was among the companions, it did not cause them to fight. It did not cause them to say you're destroying the religion of Allah. It did not cause him to say you're wrong. I'm right. None of this was there. There was respect.

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There was respect.

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Okay.

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However,

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however,

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there's a headache authentic hadith from the Prophet sallallahu sallam, where there was a woman called Serbia,

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whose husband passed away and she gave birth A few days later. And the professor said, I'm allowed her to seek marriage.

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allowed her to seek marriage that solves the problem, someone might say. So why didn't it was the last one like that's what they allow? And I'm like, why didn't they change their opinion?

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It seems they did not. This had not reached them.

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Probably, there was a reason or at least maybe reach them but not through,

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like,

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a way or in a narration that they could trust.

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Or maybe they thought it was a specific ruling for that woman. There are so many different interpretations, but

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Okay, so we see the Hadith of the prophets of Salaam or the action the way the province of Santa Fe dealt with a specific issue like this, actually is in line or agrees with with the opinion of Mr. Pablo de la. And I'm loving myself.

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Another example.

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A woman who is divorced her husband divorces her. He says you're divorced.

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You're divorced.

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So she has her waiting period ahead. Which is she's not pregnant. How long is the period?

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Three Kuru. Kuru is an Arabic word. Okay. Is an Arabic word. It said. Allah subhana wa tada says, What a motala part we are thought of bas nibm fusina, Fela Fattah Peru in Surat Al Baqarah.

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And women who are divorced, they remain in their Ida. They wait in there and therefore three.

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We said what's Peru in the Arabic language, it's plural of poor. One of them is called what is or

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it has two meanings. It it means the period of menses for the woman.

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But it also has another meaning. The period when a woman is clear of Herman says period, the opposite meaning for the same word? How do we know usually Arabs know from the context? from the context?

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Can you think of an English word that actually has similar kind of

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double meaning completely opposite meanings? But it depends on the context of can interpret it.

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If you think of an example share it with me.

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manipulate

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manipulate could be a positive thing and it could be a bad thing. Yes, manipulate things in a positive way.

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Very good. Very good.

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manipulate, for example, is used in science in you manipulate by changing setting conditions. So that's more of a neutral, it's a more of a neutral. But there is usually a very obviously manipulation. And it has this negative connotation, but it still doesn't show two opposite

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denotations

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Yes,

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the word sick sick.

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Sick

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that's great. Beautiful. Yeah.

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Yeah, very good. That's a good example. Yeah, that's sick. Yeah, could you know show admiration you like this thing or good show that he really like discussed? It

00:29:45--> 00:29:53

is good. Good. Yeah. Okay. So the word could mean either the menses of the woman or the period in which is clear over menses.

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So this is why we have a model hubbub again.

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And I

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Elon Musk would have the same opinion that a woman who was divorced she had a waiting period ends when she takes her bath.

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After the third menses, she goes through. Like she's divorced.

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She counts three menstrual cycles. After she comes out of her third menstrual cycle and she takes a bath, that's when her does over is complete.

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But they don't know fabric terribly Allahu anhu. He says no.

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As soon as she enters her third menstrual cycle, that's when the idea is over. Because for him at the time when she's clean, she's clear of Herman's menses. That's what four is three.

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So that's the difference among the companions.

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Is this issue been disputed? Or sorry, has it been settled this dispute? No. This is you have scholars here we have scholars there. So the other one, the first one we have a hadith from the process alum that settles the issue, generally speaking,

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but here

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nothing specific.

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A third example

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Abubakar, under the Allahu anhu. And even at Bethel the Allahu anhu ma.

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This is in issues of inheritance.

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They said the grandfather

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from the maternal side from the Father paternal side from the father's side, the grandfather,

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he blocks the brothers from inheriting someone passes away. He has a grandfather, his paternal grandfather is alive, and his brothers are alive.

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Abu Bakr wrote the book on eggnog Bastille, the electron. They say that the grandfather blocks the brothers from inheritance so they don't get a share.

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They don't get a share.

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He lost, he blocks them. However, they do have an affair but on the other hand, has the opinion that no both the grandfather and the brothers in inherit

00:32:32--> 00:32:43

because they are all the same level of relation to the deceased, the same level of relation to the deceased. How is this according to Sigmund sabots.

00:32:47--> 00:33:14

The grandfather is connected to the deceased through the father, right? He's the father of the Father. So the one in between is the father and the brothers. They're also connected to the deceased through the Father. And it's all always the same level of relation on both sides. So all of them, inherit, inherit, all of them share or take a share from the inheritance.

00:33:15--> 00:33:18

That's the difference among the companions and rules of inheritance.

00:33:20--> 00:33:21

A fourth example,

00:33:29--> 00:33:30

a woman passes away.

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

She leaves the wealth behind.

00:33:35--> 00:33:41

And her husband is alive. And her parents are alive.

00:33:43--> 00:33:55

Her husband is alive and her parents are alive. How does it How is how is the inheritance distributed? According to an Ibis the husband gets as in sort of the nessa

00:33:56--> 00:34:11

half because he's not married. They don't have children. They say they don't have children. He gets the husband gets half of her wealth in inheritance. He inherits half of her wealth, the mother takes a third

00:34:13--> 00:34:14

and the father takes the rest.

00:34:18--> 00:34:19

Whatever remains.

00:34:22--> 00:34:26

Zaid bin sabots and most of the other companions take another opinion.

00:34:27--> 00:34:28

They say

00:34:30--> 00:34:36

the husband gets a half that's sitting in the pool and there's no difference about this.

00:34:38--> 00:34:42

After the husband takes the half we take the remaining half

00:34:43--> 00:34:45

the mother takes a third of it.

00:34:47--> 00:34:48

See the difference?

00:34:51--> 00:34:55

Given a glasses opinion, the husband takes half

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

and the mother takes a third and whatever remains is

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

For the father,

00:35:01--> 00:35:09

even at best applies the third after the husband not on the whole amount, but on the half remaining half.

00:35:11--> 00:35:28

See the difference. So, even at best applied the third of the mother before the husband takes after a year before the husband takes half, he applies the third to the full analysis he left behind $9,000

00:35:29--> 00:35:35

according to an Ibis, the husband takes half which is 4500

00:35:37--> 00:36:03

the mother takes a third of the 9000 which is 3000 and the father takes the rest father takes the rest which remains as here 1500 according to a two month habit and most of the other companions, they say, Now, the husband takes up half. So, what do we have 4500 remaining the mother takes a third of this

00:36:05--> 00:36:12

a third of the 400 of the 4500 a third of it would be what 1500

00:36:13--> 00:36:15

then the father takes

00:36:17--> 00:36:25

the remaining which is two thirds will be two thirds of that which will be basically 3000 and they are saying because here

00:36:27--> 00:36:30

the verse applies live Zachary, missile health bill on Thane.

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

For the male is double the share of the female.

00:36:37--> 00:36:40

Okay, this disagreement has been there among the companions.

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

Another example,

00:36:51--> 00:37:02

there was an incident during the thumb of a mobile hot tub where a woman was in her waiting period. After the divorce, she was divorced and her waiting period. Okay, before before it ended,

00:37:04--> 00:37:05

she got married,

00:37:06--> 00:37:14

which is how long she has to wait until the day is over. She did not wait during her adult she got married, she found her husband she got married.

00:37:20--> 00:37:21

So according to

00:37:23--> 00:37:33

Alibaba polyp, what's the ruling in this should know she should be separated from her new husband. And she should wait until the end goes over.

00:37:34--> 00:37:37

And then if they want to marry, they can marry

00:37:38--> 00:37:47

Omar will have Bob said no. If she marries a person in her waiting period, this person becomes held on for her for good.

00:37:50--> 00:37:51

As a punishment

00:37:52--> 00:37:53

as a punishment.

00:38:02--> 00:38:02

Clear.

00:38:03--> 00:38:17

So if I'm or if a woman does not wait until her death or waiting period is completely over and she gets married, I leave who live said now she should be separated because that's how long and then when her day is over.

00:38:18--> 00:38:35

If he wants to, like propose to her, marry her fine. That's it still thinks as they are. But I'm on top said no, because she violated this right? Or this obligation that they should she should respect her waiting period. Then we make this man hold on for her.

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

As long as he lives and he lives.

00:38:39--> 00:38:44

They can never get married again, because they violated here, the legislation.

00:38:46--> 00:38:47

Another example.

00:38:53--> 00:38:55

There is something called Isla

00:38:56--> 00:39:03

ILA in the Arabic language. And that's basically when a husband does not approach his wife.

00:39:04--> 00:39:07

He doesn't make any statement. He just doesn't approach his wife.

00:39:09--> 00:39:11

Physically, he doesn't approach.

00:39:13--> 00:39:24

What is Islam do about this? A woman is just left hanging. Her husband is not approaching her physically. She has as a human being she has needs and these needs and these rights have to be fulfilled. He's not doing this.

00:39:25--> 00:39:36

So the Quran mentions will Lavina la Vina Luna mean Nyssa him Tara Basu are back at a show for those who make ILA basically, they don't approach their wives for form

00:39:37--> 00:39:52

for four months, if they don't do this, then they have to make their stance clear. Do they want to keep them as wives and give them the rights or or do they want to divorce them, they have to make a decision there. You can't keep this woman hanging. She has rights.

00:39:56--> 00:39:59

The scholars have different how this is played out in reality.

00:40:00--> 00:40:12

So we have Mr. Oh, there'll be a lot more I know, he says, if a husband does not approach his wife for four months, and that's basically without an excuse, okay? He's just, he's not approaching it, choosing not to approach him.

00:40:13--> 00:40:35

And the four months are complete over without him approaching her during this period or coming back to her, then she's automatically divorced from him. She's completely separate, automatically separated. That's it. So if he wants to marry, if he wants to, you know, come back to her, he has to initiate a new marriage proposal.

00:40:37--> 00:40:40

He has to initiate a new marriage proposal that's relevant.

00:40:41--> 00:41:04

But the majority of the companions of the alcohol or the scholars among the companions, they say, No, he has to be notified. It's been four months, you have not approached your wife who notifies him. It's the judge the most of the court, they notify me you have not given your wife her rights for months. Now you have to make a stance you either keep her as a wife give her give her her rights, or you have to divorce her and free her.

00:41:07--> 00:41:11

This is the opinion of most of the companions of the Prophet sallallahu sallam.

00:41:15--> 00:41:18

Another example that I mentioned last time, but no harm mentioning it again.

00:41:20--> 00:41:21

We know that divorce.

00:41:22--> 00:41:27

If a man divorces his wife, first time, she has to be in her waiting period.

00:41:28--> 00:41:45

If he asks her back, or he returns to her during this period, waiting period, okay. Then normally husband and wife normal couple back to their marital life, but one divorce incidence of divorce counts.

00:41:46--> 00:42:01

If he does this another time, still, and he returns to her during her waiting period. That's a second divorce counts and they back to normal life, marital life. If he divorces her third time after these two times, what happens?

00:42:03--> 00:42:09

She has to wait her keep in her adult waiting period, but he cannot return back That's it.

00:42:10--> 00:42:11

The divorced

00:42:12--> 00:42:23

he cannot have her back. He cannot have her back. She has to wait for her waiting period, which is three,

00:42:25--> 00:42:25

three,

00:42:27--> 00:42:30

either mentors are either clear, clean periods.

00:42:33--> 00:42:36

Now the difference or the difference among the companions was

00:42:37--> 00:42:41

during after this third divorce instance of divorce?

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

Does she have the rights that her husband provides for her accommodation and basic expenses?

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

Or not?

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

Or not?

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

After one

00:43:02--> 00:43:17

yes, the irrevocable divorce the third one that's it. After that? Does there is the husband obligated to provide for her accommodation and their food and clothes her basic needs? Is he obligated to provide for that?

00:43:19--> 00:43:26

macabre Allahu anhu says yes, the husband has to provide for her during her waiting period until she's completely free.

00:43:28--> 00:44:09

And he takes the first well last month Allah says black to hurry June I mean boo Tina, salsa Pollock, the surah chapter of divorce. That two three do not mean boo Tina. Well, Gina, in a Latina Wi Fi T Mobile arena, do not push them out of their houses out of their home. What does that mean? It's your home as as the husband who owns the house? It's because you're supposed to provide a recommendation house. So do not get them out of the house, don't get them to leave the house. And they should not leave unless they commit something that's a grave, you know, act, a very grave act.

00:44:12--> 00:44:27

So I'm going to wrap up says yes, she has she has he has to provide her with accommodation and and basic needs, cover her expenses. But most of the other companions they say no. They say no, there is no obligation because now

00:44:28--> 00:45:00

they say this pertains to the first two instances of divorce. Before reaching the third irrevocable divorce. The first two instances of divorce. This is where this verse applies because he can return to her. He can bring her back and it's more likely that he will bring her back. If he keeps her in the house. And there she's there in his presence. They're more likely to come back to each other but now with the irrevocable divorce. No, there is no chances of them coming back. There's no chances of them coming back.

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

So this doesn't apply

00:45:04--> 00:45:43

to hapa. We said that when he took this opinion, there was a woman Fatima been to ice she came to him and she said the profits or loss of them. That was her case, she was divorced three times after the third time, the prophets of Salaam said know, your husband now or your ex husband doesn't have to provide for your accommodation, or your expenses does not have to provide for that. So she came and told Monica, Bob said that rucola rabina has the Virgin Atlantic very happy about amnesty yet. He says I'm not going to, you know, leave a verse that is so clear the rest, we just decided, I'm not going to leave that ruling for a woman who's coming up with integration, but I'm not sure

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

whether she really should remember as well or not.

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

And as we said, I'm gonna hop on here is not rejecting ahaadeeth. But he was not convinced, along with the how the whole context for him. According to his personal assessment he did. He thought the woman did not remember quite well or she was like she did not really,

00:46:01--> 00:46:05

you know, the hair case did not apply to what he was talking about.

00:46:12--> 00:46:14

Do you want anyone turn off the lights? I'm not sure what it is it

00:46:17--> 00:46:17

automatically

00:46:21--> 00:46:23

Someone has to move around sister so that turns on

00:46:25--> 00:46:26

technology.

00:46:27--> 00:46:29

Sisters was so quiet the

00:46:30--> 00:46:32

lights went off. Okay.

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

Yes.

00:46:51--> 00:47:00

The father has to provide by default, regardless when they do the like he he and the mother was separated, split or not.

00:47:01--> 00:47:20

As long as the child cannot provide for him or herself, which, okay, that depends differs from one culture to the other one country to the other, then the Father has to provide for them. He has to provide for them. It's his responsibility. It's his responsibility. That's it. Yeah.

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

Okay.

00:47:24--> 00:47:43

I think five minutes for the prey will give will give up time for you inshallah, those who want to make Hello those who want to use the washroom until so after Salam shala let's say around 815 820 come back as soon as possible. So inshallah we make good use of our time, we'll carry on with some issues where the companions differed about

00:47:45--> 00:48:09

and then we will try to finalize a little bit with the time of the companions. So hopefully, inshallah, this will not be a complete, like closing of the some of the companions or the whole affair of Rashi the end, because I want to talk a little bit about the personality of a moldable hot tub and his generally speaking as a very clear example of how thick was during the times of the whole affair Urvashi doing.

00:48:10--> 00:48:32

So we might need a little bit of time next week inshallah, just to finalize that period, or that stage of the fifth, and then shall probably next because well, we'll move on to the stage of a Tabby in and the pre motherhood period, maybe the early development of, of the mother of the mother, or the mother Habs era.

00:48:33--> 00:48:38

more examples of the differences, or differing among the companions

00:48:39--> 00:48:39

was

00:48:44--> 00:48:50

we said, I believe we mentioned this last time, that if a woman gets

00:48:53--> 00:49:05

married, like the nicaea has made between a man and a woman, before naming a specific amount of Maha or Dory has not been specified. There's not been specified.

00:49:06--> 00:49:11

Obviously, there's an initial agreement, there will be adultery, but it's not been specified.

00:49:14--> 00:49:16

And the this man

00:49:17--> 00:49:19

passes away before the marriage is consummated.

00:49:27--> 00:49:30

So I'm loving Mr. would probably allow no

00:49:31--> 00:49:48

sex said his first word was that she gets from the inheritance of this man she gets the value, but that's her Dory. That is similar to the average woman of her time and her like locality.

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

halmahera mithali ha. So a woman her age, in similar conditions how much in average usually takes as as

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

Dory. So she gets she takes this from the inheritance. Whatever this person leaves behind, before this inheritance is being distributed and split.

00:50:16--> 00:50:18

I leave your loved one who says she gets nothing

00:50:19--> 00:50:24

I do think is fair to us, she gets nothing. She gets nothing.

00:50:26--> 00:50:40

Another example of differing among the companions was Abu Bakar, totally alone, and there was something that's called an alpha. Alpha was basically a specific amount given from the Muslim government, to every Muslim individual.

00:50:41--> 00:50:54

Every Muslim individual would get allow Paul, from the Muslim government, what is what is an attack, it's a yearly amount of money that's given from the Muslim baitul man from the treasury of the Muslim government,

00:50:56--> 00:50:56

to

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

every citizen,

00:51:00--> 00:51:05

at the beginning was every household every person who was responsible for a household

00:51:08--> 00:51:09

and then

00:51:11--> 00:51:22

later on, he said, in your life, like things get better for the Muslim Treasury or beaten man, each child will get similar to what his father gets.

00:51:23--> 00:51:36

So each individual will be getting something each unit not only household, but it's like a yearly benefit. You want to call it Welford, but it wasn't like a welfare really, because regardless of your financial situation, you were given that

00:51:38--> 00:51:42

regardless of the financial situation, the person was given that as

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

as a yearly

00:51:46--> 00:51:56

amount from beating the man mittleman Abu Bakr style and giving this was to give give each person similar amount.

00:51:58--> 00:52:01

Each person similar amount, for example, was like, let's say

00:52:02--> 00:52:22

3000, Durham, or dinar every year 3000, dinar 3000, every one 3011 when he became the halifa, he said, No, he said key for edge Oh, man, how Obama rasulillah salam, salam wa Taala Allahu wa Who?

00:52:23--> 00:52:55

Carmen Hara rasulillah somehow, how can I make someone who fought with the promises of them, they abandoned their family, their when their house and abandoned their wealth, they left it behind? And they fought alongside the prophet SAW Selim, how can I give them the same amount? Like someone who fought against the prophet SAW Selim and later on became Muslim? How can I make them the same? So he said, No. So he gave, for example, the people who took part in the Battle of Belgium, the early Muslims, he gave each one of them 5000, dinar a year.

00:52:57--> 00:53:01

The early Muslims who did not fight in the Battle of better he gave them 4000.

00:53:03--> 00:53:06

And others they gave, he gave them 3000.

00:53:07--> 00:53:20

So the people who embrace Islam earlier, the people who contributed to Islam, more people who sacrificed more, they were given more from the government in accordance with their sacrifice, and their contribution.

00:53:23--> 00:53:30

Abu Bakar when he was asked previously, why don't you give like some people more because of their contribution, etc. He said,

00:53:31--> 00:53:33

Hey, this is kind of

00:53:34--> 00:53:48

share given by the government by the Muslim government, bye bye, chill man, was basically to help people sustain themselves. It's not a reward for what they did for the sake of Allah. So Allah who rewards them, or give them a provision that's

00:53:50--> 00:53:56

among hottub had a different logic. There was a difference. That's a huge differences. Huge difference.

00:53:58--> 00:54:24

So these were the companions differences between the committee and I will say our worker was wrong. No, that was his, he had he fulfilled his, he followed his own. He had his own understanding his own assessment of the situation. And he was okay with a worker following his own assessment. You see, what kind of spirit was among the companions dealing with these issues? This is why it's very important. This is why we're spending a bit more time here with the companions to see that we're seeing a lot of differences among them.

00:54:28--> 00:54:31

You know, when you make ramrod it's we say it's so nice to

00:54:33--> 00:54:41

to make a ramen or ramen, depending with spacey, which is basically during

00:54:43--> 00:55:00

the off the first few rounds that you actually sort of do it jogging now, no one can do it, because of the, the amount of people right it's so busy that you can't even do it, but even when there's like when there is some space and then there is an

00:55:00--> 00:55:13

For whom? It's recommended that people in the first three, first three write the first three rounds. They actually make Rama that they, you walk fast are you sort of doing some kind of jogging?

00:55:15--> 00:55:23

Why because the prophets I saw them when they first made aamra when they came from Medina and they came to make Umrah.

00:55:24--> 00:55:37

The prophets of Salaam said these are the people of Mecca, they're looking at you from the mountains. And they will say these people, and hackaton familia for him, like there was sort of a disease or a fever that was known to Medina.

00:55:39--> 00:55:54

These people have been consumed by this plague of Medina. So you will see them very weak, physically very weak. So the Prophet Salim said, show them the impression that we are physically strong. So the first three rounds, we saw we sort of running, we do it run and perform and running.

00:55:57--> 00:56:17

So ambassador, the Allahu anhu said, this was just to show the mushrikeen that actually the Muslims have physical strength. Now there is no need for it. So don't do it. It's not recommended. That was our love, not best for one. But for most of the companions, they kept on doing it. They said it became as soon as it became a recommendation.

00:56:19--> 00:56:29

So these are some of the differences. They were big issues like there were differences among the companions, over bigger issues. For example,

00:56:34--> 00:56:37

some of the issues I wished he had one of the complaints,

00:56:42--> 00:56:44

there was a big issue of difference.

00:56:45--> 00:56:58

And that's about the new, you know, Muslims expanded, like the Muslim army was spreading around, and they were conquering and opening new lands, let's say for example, Iraq.

00:57:00--> 00:57:02

So what was the ruling over the new lands?

00:57:04--> 00:57:22

What was the ruling? Originally, the ruling was specifically even at the time of Abu Bakr, radi Allahu anhu, that these are considered to be spoils of war. So they were taken and the spoils of war, how were they distributed? Anyone who's taking part in that army, that's military expedition,

00:57:23--> 00:57:30

there will get four fifths. So one fifth of disposable was taken,

00:57:31--> 00:57:37

okay, for the Muslim government to use in the different areas,

00:57:38--> 00:57:47

public issues public expenditure of poor people for, you know, all the other areas

00:57:48--> 00:57:52

are people need people in debt for

00:57:56--> 00:58:09

I'm sorry, 111, fifth, one fifth, sorry, one fifth was taken by the Muslim government, four fifths were given to who the people who are taking part in that military expedition in that battle.

00:58:11--> 00:58:28

Now, that's quite a lot. four fifths. And Bob had a different perspective, he saw that these new areas like Iraq, and what's known today as Iran and a sham, which is Jordan, Syria, Palestine,

00:58:30--> 00:58:49

and even Egypt. So we saw these areas were becoming Muslim countries, because the people were converting to Islam, people were converted into into Islam, seeing the beauty of Islam entering into Islam. So I'm gonna hop up so that these were actually lands where there was a lot of future for Islam. So he said, No,

00:58:50--> 00:59:07

people will taking part in the military expedition. They're not taking four fifths. It's the Muslim government that's taking that. So he gave them some share. But he said, we keep the lands in the hands of the original people of these lands, we're not confiscating these lands, we keep it with these people.

00:59:09--> 00:59:13

We keep it with these people. But we

00:59:15--> 01:00:00

sort of stipulate or Institute, some kind of hodgepodge, some kind of tax Hodge tax on these lands. A tax that does not overburden the original owners of these lands, but they pay this kind of tax to the Muslim government. So the Muslim government can administer the country based on these expenses, this expenditure, so they have some kind of a treasury, some kind of public funds, where the Muslim government can run and they can pay people hire people, and they can administer these lands. So he saw a future there. So some of the companions specifically VLAN what we allow, he says, You can't do this. Someone

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

subtabs Allah mcweeny sobre

01:00:03--> 01:00:07

la just make me, you know, keep him away from here.

01:00:09--> 01:00:12

So I'm gonna hop I've had an insight there, can someone say,

01:00:13--> 01:00:56

I'm gonna hop up and have the Allahu anhu change the, the legislation of Islam, he played with it? No, because America was also supported by some other companions. So he saw public benefit their general benefit to everyone there. So he stipulated that so he said these new newly opened countries, they remain in the hands of their own people. And their his attacks are a heritage that is reasonable that's placed upon them, so that Muslims in the Muslim government will be able to run efficiently run these countries and administer them, and look after them and establish a proper kind of governance over these, these countries. So this was a very deep inside, from Omaha, Pablo de la

01:00:56--> 01:00:58

home. And

01:01:03--> 01:01:09

another issue that was the rows as a matter of disagreement among the companions, but later on, it was settled.

01:01:11--> 01:01:15

One who drinks alcohol, there was a punishment for them. What was the punishment?

01:01:17--> 01:01:23

Is it in the Quran? At lashes? Is it in the Sunnah of the prophets of Salaam? No,

01:01:24--> 01:01:26

during the time of the Prophet salallahu salam,

01:01:28--> 01:01:35

like what was the punishment of people who were caught or who admitted and surrendered themselves and they had

01:01:37--> 01:01:42

drank alcohol, not alcohol, because there's a slight difference. But later on, we'll come to that.

01:01:43--> 01:01:47

So there were the drunk Hummer.

01:01:49--> 01:01:57

These people were actually they were punished. They were punished, but it was not lashes was any kind of physical punishment.

01:01:58--> 01:02:28

It was some physical punishment that will not last. But at the time of Mohatta, there was a lot of instances. So I'm going to have Bob decided, Okay, he got it on the companion, he said, What do you think let's, you know, make it a very clear punishment is sometimes they were punished. Like, there were different types of physical punishment that they were exposed to. Let's make it a one punishment that is set as fixed. And it's applied to all let's find it. So first,

01:02:29--> 01:02:33

they came up with 40 lashes 40 lashes,

01:02:34--> 01:02:38

then people were actually getting involved more into drinking camo.

01:02:40--> 01:02:45

So I'm gonna hop up, ask the companions again, they said, well,

01:02:47--> 01:03:05

the least of punishments that is known in terms of lashes it's at, which is the ones who slander like the ones who accused someone, a Muslim man or woman of committing adultery without bringing the four witnesses, a lot of interest, especially do home, Mr. Nene agenda.

01:03:06--> 01:03:28

So, you know, let them get punished be punished by with 80 lashes. So this is the least so let's make this you know, fix it at 80 lashes, and it was fixed at 80 lashes and remained like that. It was remained, it remained like that. It remained like that. So there was at the time of a moment hubbub about the law.

01:03:32--> 01:03:36

One of the disagreements among the scholars, our the companions was a rebel.

01:03:38--> 01:03:54

rebar, there are two different types of rebar, rebar, and nesea. That was the one that was prohibited on ribbon nesea. The way it was known at that time, was, someone would come to you and borrow $1,000

01:03:56--> 01:03:58

for let's say, eight months,

01:04:00--> 01:04:16

so that you pay them back as $1,000. Eight months later, this was it. So the person, the lender would come to you and they say, Okay, it's time to pay me now. Say I can't pay it now. They would say okay, I'll give you more time. But this time you pay me more.

01:04:18--> 01:04:54

For the second for this extension. This is how Reba, by the way used to be in the editors, this is how it used to be. It did not start at the beginning, as give you $1,000 you paid to me like this. That wasn't known among the Arabs, among the Arabs at that time, what was known as Okay, I'll give it to you for say eight months, 10 months a year, when you pay back to me as it is, but usually the person would not be able to pay it back. So the person would say I would give you an extension another year, but this time, it becomes 1200 not 1000. So that was the commonly ribbon and that's ribbon. See,

01:04:55--> 01:04:59

because you give more extension of time you add more money.

01:05:00--> 01:05:11

Add more money this was an agreed upon form of rebar. This is rebellious mentioned in the Quran. So I'm delivering rock bass for the lawn there is another type of rebar which is rebellious.

01:05:12--> 01:05:14

Like I sell you gold

01:05:16--> 01:05:19

with for gold gold for gold, but I give you like

01:05:20--> 01:05:23

200 grams, you give me

01:05:25--> 01:05:29

250 grams. So they used to sell sometimes dates for dates.

01:05:30--> 01:05:36

So your dates are one year, one year old, my dates are fresh.

01:05:37--> 01:05:39

So they say okay, I'll give you

01:05:41--> 01:05:45

Okay, hypothetically speaking of the old dates two tonnes

01:05:46--> 01:05:52

you give me two tonnes of the old data I'll give you one tonne of the fresh dates

01:05:53--> 01:06:02

that's suitable for them. So it has to do with extension of period of time, but it has to do with sometimes the quality of things.

01:06:03--> 01:06:07

So the profits so I was 11 I best said No, there's nothing wrong with this.

01:06:08--> 01:06:13

There's nothing wrong so I give you like one ton of dates you give me two tons of dates

01:06:14--> 01:06:18

is called the rebar. rebar and father. Okay.

01:06:19--> 01:06:22

I would love that bested there's nothing wrong with this. That's good.

01:06:23--> 01:06:31

But later on as Kodama says in his book we'll move on he have no bass because most of the other companions did not agree with him and add bass.

01:06:32--> 01:06:50

Later on, bass agreed with the other competitors and he changed his opinion. Because there's a hadith from the prophets of Salaam it's actually the same Muslim process and said that Abu lahab was filled bottle be filled. Well baru will bore with Tamra with Tamar one mill hillbilly mill

01:06:51--> 01:06:52

saw and we saw

01:06:54--> 01:07:13

her and be her. Okay, so the prophets of Salaam says Ahmed Ahmed Mifflin bimetal. The prophet SAW Selim says, gold for gold, silver for silver, and our wheat for wheat. dates for dates should be similar amounts, you exchange them similar amounts.

01:07:15--> 01:07:18

So this was an disagreement, but then it was settled.

01:07:21--> 01:07:50

So these are some of the issues. Our last time we started mentioning, what will you love the hallowee? What he said the reasons for the differences among the companions. So let's go over them and see some of the examples that he mentioned. The first reasons why reason why the companions would differ. He would say that a companion would hear a ruling on some issue or a fatwa from the process alum, but the other did not hear it. The other did not get to know it. So the other one made, he had.

01:07:52--> 01:07:59

other one did not hear about this hadith from the professors that are more than this, what were from the persona, so he made it.

01:08:07--> 01:08:10

So he mentions here the example of a beloved mesh node.

01:08:12--> 01:08:14

That friend was asked about a woman

01:08:15--> 01:08:17

whose husband passed away

01:08:18--> 01:08:28

before consummating the marriage, they may really care but they have not consummated the marriage yet so the man passed away. And he had not specified the Dory or the Maha.

01:08:30--> 01:08:56

So as long as it says love Allah Rasool Allah Salallahu, it will send them the belief either like I haven't seen I've witnessed the problem make a judgement about this. So for a month, they kept coming back to the lab, and Mr. Bowden asked him about it. So, if he could give an answer he he had, he said, I have no answer. So he made an he had and he said, she gets the the worry of the average woman who is in a similar situation.

01:08:59--> 01:09:36

And she has to wait the period, the waiting period. Okay. And she has, so there was a companion called mackel ADSR. He says, He came about he heard about this, he came up along this road and he said, I witness the Prophet sallallahu alayhi wa sallam making the similar judgment for a woman in a similar situation for a woman and similar situation. Okay, so I witness the prophets of Salaam, the woman the process and then made a judgment or a fatwa for her name was barwa. Strange name, Baba. Baba al Islamia, Toby Allahu Allah.

01:09:38--> 01:09:41

Her name was a but what I've been to worship.

01:09:42--> 01:09:59

But what, when to worship Allah islamiya. So the companion who heard who's witnessed this was marital mdsr or the law. So when the love and Mr would heard the Hadith from Michael vinyasa, he made such a shocker sujood of

01:10:00--> 01:10:07

Gratitude and thankfulness to Allah that his he had conformed with the Hadith of the fatwa of the Prophet sallallahu sallam.

01:10:08--> 01:10:13

A second reason that chef mentions here why the companions would sometimes disagree.

01:10:15--> 01:10:21

He says and the avena home and Mona barato y ahora de la de movie Hollywood one.

01:10:27--> 01:10:28

He says basically,

01:10:31--> 01:10:36

sometimes the companion would not hear the heady so he would make an HD ad from himself.

01:10:37--> 01:11:15

So he would make an SD card from himself. And then later on, he hears of the Hadith, so he abandons his opinion, and he follows the Hadith. So you will find sometimes the companion has to fit words. They seem to be contradictory. But he's to make a fatwa before hearing the Hadith. But then later on, when he comes across the Hadith, he changes his opinion. And he gives this famous example from unbelieveably Allahu anhu. Who basically used to think when asked Mahajan obon, philosopher mela, who he said if someone wakes up okay that fudger event is called and this person is in a state of Geneva. When he cannot fast

01:11:16--> 01:11:17

this person cannot fast

01:11:19--> 01:11:32

but later on it shall be Allah and he tells him that the prophets of Salaam sometimes you know, I've been would call for for Jonah The Prophet said I'm still in a state of Geneva and he would fast so Abu hurayrah changed his fatwa after that

01:11:34--> 01:11:42

a third reason and yeah, blowhole Hadith well I can learn a language he led the Jacobi hollybrook, one fellow Metro Shahada.

01:11:43--> 01:12:03

So a hadith reaches him. But he's not convinced that this hadith talks about this, or he's not convinced about the person that he really or she really conveys the Hadith properly. Just like the example of Mr. ricotta when he refused to take the Hadith from falling into place. You remember the Hadith

01:12:05--> 01:12:09

where he refused to take the hadith of Fatima bin case about the woman

01:12:12--> 01:12:21

who's divorced for the third time the irrevocable divorce? Does the husband is the husband obligated to provide for her accommodation and her expenses?

01:12:39--> 01:12:46

fourth reason he says and is really, really handy for Aslan, the headache never reaches this companion. So he makes an ht hat.

01:12:50--> 01:12:51

And here

01:12:53--> 01:13:13

the example you mentioned is abnormal, the Allahu anhu. He used to women used to ask him like when we make muscle Do we have to untie our hair? He says yes. Because if you if you if you don't untie it, you're also invalid. Because basically once the water to go through the hair and reach the scope.

01:13:14--> 01:13:28

So he for him, it has to be untied and the water has to go through it. Then I shall the Allahu anhu. When she heard about this, she says to not Yeah, Japan live in Yama. Later on she is what's a strange fit? Well, she says I shuttle the Alo and

01:13:29--> 01:13:46

he art he commands people to untie their hair. Why doesn't he even command them to shave their hair. That's why I will be alone said she said I used to make muscle with the Prophet sallallahu alayhi wa sallam from the same pots from the same container.

01:13:47--> 01:13:50

And all I would do is just, you know, pour the hair.

01:13:51--> 01:13:55

You know, pour the water on my head three times and just rub it through without untangling the hair.

01:13:57--> 01:14:07

So that was the first word from Chateau de la Juan, which is from the province and but even though I'm not used to tell women, and so you have to untie your head.

01:14:18--> 01:14:20

Okay, some other reason

01:14:22--> 01:14:41

that they would see the prophets of Salaam do something some of them took it as an act of worship. Some of them took it as an act of habit that something happened you know, by way of habits by way of habit like something, the Prophet sallallahu sallam.

01:14:43--> 01:14:51

This is an issue called tasleem and I've had asleep after enough Roman Minar coming from Mina going to Mecca.

01:14:53--> 01:14:59

Photo off the Prophet salallahu alaihe salam on the way he came to all know from alpha two minutes

01:15:00--> 01:15:02

Went to Makkah, the prophets of Salaam came to

01:15:04--> 01:15:24

an area called the APA, APA which is known as a heif. Today is also known as a hive today hive Benny Kenan so the Prophet saws alum came into that area and he he slept a little he took a nap there. He took a nap. So some of the companions

01:15:27--> 01:16:07

like a shuttle, the Allahu anhu, Arusha and eminent Omar, they said there's no specific ruling for this place. So, there is no specific merit for this place that you come through this place. And you take an up there on you spend some time of the of the night in this specific area and Heath in heist, Benny Kenan there is no specific but it happened to be on the way of the prophets Allah Salah. So any other way you come from alpha tamina Okay, any place that's fine whereas the gym Hall of the companions are only 11 and they said no, this specific place is preferred because the prophet SAW Selim Kingdom

01:16:08--> 01:16:17

Okay, so some companions would see an act from the problem. Some of them thought it was by way of habits or the process of them had to necessarily pass through some area that was it.

01:16:18--> 01:16:24

Some of them said no, this specific area had the merit This is why the prophets of Salaam specifically went through it.

01:16:31--> 01:16:39

Okay, so the other reasons mentioned, some of them are not like, I'm not gonna mention all of them because some of them are more of a bit repetitive.

01:16:44--> 01:16:48

Sometimes the combat companion would forget what forget?

01:16:49--> 01:17:02

For example, model the Allahu anhu he said, Mr. de la sala Salam hombre, toffee Raja, he said the porcelain performed in budget in the month of Rajab. Ayesha heard about this, she said, No, he forgot.

01:17:04--> 01:17:28

I've been Rama forgot Prosser and did not make online budget. Okay, so a companion could meant his memory could change about something. So he could make a mistake, either forget something, or make a wrong connection. Say that the processor made UNRRA and Roger will actually says no, he did not, but I'm not. Okay. She said he saw her. You know, he mixed things up.

01:17:33--> 01:17:37

And sometimes misinterpreting what the prophet SAW Selim said.

01:17:38--> 01:17:42

He mentioned as an example, he says, In the Allahu anhu

01:17:44--> 01:17:45

used to say that

01:17:46--> 01:17:50

the person, the deceased, when he's buried, if his family,

01:17:51--> 01:17:54

if they weep over him, he will be punished.

01:17:56--> 01:17:59

The deceased will be punished if his family weeps over him.

01:18:00--> 01:18:05

So I shall hold the alarm. Now, she said, That's not true. That's a mistake. That's a misunderstanding.

01:18:06--> 01:18:15

And basically, she says, wherever you got this mistakingly from is that the prophet SAW Selim passed by

01:18:16--> 01:18:17

a Jewish woman,

01:18:19--> 01:18:29

or certainly the grave of a Jewish woman, and her family was weeping over her grave. So the prophets of Solomon says in knowmia corner, La Jolla, we're in the heart of a cobra

01:18:30--> 01:18:36

professor and says, they are weeping over her and she is being punished in her grief.

01:18:39--> 01:18:51

So I actually saying, I'm the loving I'm a thought that the reason she's punished is because of the weeping of her family. But she's saying that's that's a nice understanding. That's a misunderstanding. Is this clear?

01:18:52--> 01:18:53

Okay.

01:18:55--> 01:18:57

One of the reasons for the differences is that

01:18:58--> 01:19:04

they might attribute the ruling to a different reason.

01:19:05--> 01:19:16

Again, that's clarified by example. You know, there was a janazah, a funeral that passed by the prophet SAW Selim. So the messenger Salaam stood up,

01:19:18--> 01:19:26

a messenger Salaam, stood up to the companions said, like, the companions.

01:19:27--> 01:19:29

I said, Why did you stand up?

01:19:33--> 01:19:44

It's a it's a non Muslim. What do you stand up? It's a non Muslim analysis the Muslim the prophets of Salaam said, Our lay set rohin another generation our a set of sin.

01:19:45--> 01:19:56

Is it not a saw is is not a human soul. So the purpose of them stood up. So some of the companions said, The Prophet sallallahu Sallam stood up because of the

01:19:59--> 01:20:00

enormity of

01:20:00--> 01:20:00

Death

01:20:02--> 01:20:13

Lehigh battle notes. That's what they said, for the enormity of death, death is a huge issue. So the purpose of them stood up. Some of the companions said, No, it's because it's a soul.

01:20:15--> 01:20:22

It's a soul. So because they're nuts, it has its own sanctity the problem because it's been taken away, the prophets of Salaam stood up.

01:20:25--> 01:20:33

So each companion interpreted the reason why the Prophet was stood up differently. And the hell are we here mentions,

01:20:34--> 01:20:51

actually another book he mentions, which is what it's all about. He says some of the companions thought or attributed the reason why the person stood up, because he did not want the body of a non Muslim to be passing by him. And it was in a height above his head.

01:20:54--> 01:21:24

Some of the reviewers of his book they said, Now, this is not known from the companions, but maybe he had something maybe, or maybe he came across in a region talking about illegal land, hello. Okay. But basically, the point here is that the companions would see something from the prophets of Salaam and they would find the ELA, they would conclude that different ela, okay, different reason for that. And then they would link similar situations to the ELA that they concluded, okay.

01:21:31--> 01:21:38

Okay, he mentions another reason as well. And he says, sometimes, it would be that they would make different analogies.

01:21:39--> 01:21:40

So you would

01:21:43--> 01:21:44

see what examples he mentions, I think,

01:22:04--> 01:22:28

okay, these are these examples need a bit of explanation, so I'll leave them for later anyway. But they could make different analogies, the companions. So a newly arising issue, they would make an analogy or as compared to something they think, okay, they see similarities, another companion would not see the similarity. So they would not agree with the previous opinion, that said, they would not agree with this

01:22:29--> 01:22:35

conclusion or with this analogy. So generally speaking, these are some of the reasons why the companions and how they

01:22:37--> 01:22:38

differed.

01:22:40--> 01:22:55

And some of the examples of their differences, some examples of the differences. The point here is to see that the companions have differed. And they have come up with he has different he has different conclusions. How did they deal with this?

01:22:56--> 01:23:06

They respectfully disagreed. That's it, no reason to say, you know, oh, you're violating you are rejecting a Hadith, you're contradicting a verse.

01:23:07--> 01:23:30

And so this was not this spirit was not among them, the spirit was not among them. And something else we can conclude a Lost Planet, Allah could have made this religion very specific, this issue, okay, specific verse specific Hadith. And that said, there would be no differences. So some of the scholars che say that Allah subhanho wa Taala is testing.

01:23:32--> 01:23:44

In a sense, he's testing human beings by means of by means of making some rulings, some rulings explicitly clear, why leaving some rulings, no. Okay.

01:23:45--> 01:24:08

That could be here that could be there, there is a wisdom by Allah subhanaw taala, that he tests the people, it is the people. Another reason could be even bringing ease to people, bringing ease to people, and this is why For example, almanzora, halifa masala bassy. He wanted to take a more of a mathematic and make it the constitution for all Muslims.

01:24:10--> 01:24:23

In America refused. He said you can't, you know, force all people to follow one opinion, which is basically my own understanding and my own collection of heady You can't do this. So he refused.

01:24:25--> 01:24:38

So that shows differences give space sometimes to human beings. And this is why the scholars in when they when they talk about lofty animal stuff, they, they say sometimes

01:24:40--> 01:24:41

a scholar has an opinion.

01:24:43--> 01:24:52

And this opinion is strict. And that's the opinion that he sees to be true. And he knows there are other opinions that are more or that are easier.

01:24:53--> 01:24:59

They're easier, but he does not see them to be true. But someone comes to him and asks him

01:25:00--> 01:25:07

about this situation, but this person cannot. This person is

01:25:08--> 01:25:15

like, it's difficult for him to apply the ruling that the shade holds. So the chef can give him the concession.

01:25:17--> 01:25:21

And I'm gonna think of an example that might help you understand the situation.

01:25:36--> 01:25:42

A chef might, someone a scholar might have the opinion that

01:25:49--> 01:25:51

traveling has to be

01:25:52--> 01:26:00

the distance that has been calculated today as 82 kilometres 82 kilometres. Okay.

01:26:02--> 01:26:09

But there is someone who travels that distance, but this person is an elderly, he's old.

01:26:10--> 01:26:11

And this person

01:26:13--> 01:26:24

he travels for, for work. He's an old person, and he's forgetful. And if you give him a couple of tasks, he loses his mind and his focus.

01:26:26--> 01:26:36

And he travels very frequently, at a distance of 60 kilometres 60 kilometres, he travels that distance.

01:26:39--> 01:26:45

And if he was not to combine the prayer, especially in winter,

01:26:47--> 01:26:51

oftentimes, he would miss one of the prayers,

01:26:53--> 01:27:03

you know, being focused on his business and with the travel and whatever stress and hassle that comes with traveling, usually, he would miss on one of the prayers, like for example, Miss law, and so on and so forth.

01:27:05--> 01:27:23

So if the Mufti of the shave sees, and it's called Caesar, this person is really going through so much trouble, okay. He does not apply the ruling that he holds for himself, but he knows that other scholars say you can, you are considered to be in a state of travel, if it's 50 kilometres, so he could give that concession to that person,

01:27:25--> 01:27:47

he could give that concession to that person. So basically, this kind of difference among the scholars allows and brings about some ease for the Muslims. Some is for the Muslims. And by the way, instances of this are very common in the books of, so the chef would usually see the state of that person, the conditions of that person. And sometimes they would give them a concession that they would not give to themselves.

01:27:50--> 01:28:06

They would not give to themselves. So and for example, one of the famous examples is in the Hanafi madhhab. Generally speaking, a woman can get married without a family, without a guardian, generally speaking in the Hanafi, madhhab, that's ruling.

01:28:08--> 01:28:34

So when someone who's Hanafi, like a woman who's Hannah Hanafi, and she got married, according to the Hanafi, madhhab, she comes to a chef, every chef and she asks him about something, or someone need, he gives her a fatwa based on her own method, he doesn't force his own method on hair, that's very common. Because if he were to force his own mother, on her, he would say your marriage is null and void.

01:28:35--> 01:28:44

But he would give he would, sometimes there are issues about divorce, etc, they have to do with, so he accepts that. So he gives her the concession that's in her own method.

01:28:46--> 01:29:16

So this is something that was common among the scholars to see how they would respect that difference, accommodate it, and utilize it in a way that would help people you know, and their affairs and help them apply the ruling the and stay within the boundaries of Islam, instead of placing hardship upon other people, and they would not accuse other scholars of violating the Sharia, and so on and so forth. So I hope by this inshallah we've seen, and we have

01:29:17--> 01:29:31

come to really develop a good idea of how firk looked like at the time of the companions of the Prophet sallallahu Sallam one of the and that would conclude with this, one of the because I somehow met and this just popped in my head

01:29:33--> 01:29:47

of the love not modeled the Allahu anhu I'm aware of the Allahu anhu as well. They would, they would sometimes hold their beard especially when they make a you know,

01:29:48--> 01:29:58

lol from their, their hair on when they broke that alarm state you know, shaving their head or shortening their their hair. So shaving

01:30:00--> 01:30:05

Loving Omar would hold on his beard as one fist and he would

01:30:06--> 01:30:09

trim whatever was more than one fist.

01:30:11--> 01:30:15

Avaya would do the same. Some companions said you can't do this.

01:30:18--> 01:30:22

But Mr. Abbiamo kept doing this abora kept doing this. There's

01:30:24--> 01:30:28

probably six companions who used to do this, or reported to have done this.

01:30:29--> 01:30:38

Okay, so this was some companion said, No, no, you have to leave it. You can't touch it. I've learned how to do it and who's the one who narrated most of the Hadith of the beard was able to love

01:30:39--> 01:30:41

themselves about leaving the beard.

01:30:43--> 01:30:46

Okay, so that would that pertains to your research.

01:30:47--> 01:31:11

Okay, so I believe in our handler, we developed a good idea of how thick was the tongue of the companions, there was differences. And you see a cry a shadow delana say, la la ma, ma, ma ma, ma ma, ma, ma ma. So he disagreed with him about certain things. She would not say, Oh, no, no, he's wrong. He's making up things. He doesn't know she doesn't say this. So this issue

01:31:12--> 01:31:41

of not Silva was doing it wrong. I'm doing it right. None of this. So the companions, okay, we're accommodating. So that shows you how the nature of work should be how the nature of work should be And don't forget, remember that first has the human effort to arrive at the Sharia, which is the ideal ruling what Allah subhanaw taala really was the ruling from Allah subhana wa Tada. So hopefully, this is a clear idea. inshallah. Next time, as we said, we might focus a little bit on

01:31:42--> 01:32:23

as a very particular example of how felco was at the time of the companions, and then Sharla hopefully, we will move into seeing how fucka was during the life of a Tabby hain many Siddhartha Sahaba like the younger ones, among the companions, later companions, and tambourine, and start building, inshallah, our understanding or the context for the mme see how fear can develop during those times, to Zakouma for your patience and attendance. And as I said, think of challah research topic, you will see this is quite enriching, I don't want it to be a burden, I want it to be something you have an interest in. So inshallah it helps you have a better taste of this is not

01:32:23--> 01:32:51

something that's going to make you a Mufti or have a pee or anything. Now, it just gives you an insight of the dynamics of fear and the history of faith, to give us more appreciation. Hopefully, this will help us, as I said, maintain our brotherhood as Muslims today, even though we disagree and have respect for the scholars, even if we don't see the point. They're coming from insha Allah give them their due respect, and their due state and the discipline O'Hara. So last night,

01:32:53--> 01:32:59

if you have any questions, I'll answer them. But generally speaking, session is is done, we're done with it. Yes.

01:33:01--> 01:33:04

That we know that like, you know, some differences between

01:33:06--> 01:33:13

again, goes back to someone didn't get the novel for a specific ID.

01:33:14--> 01:33:34

Now, that was, you know, that hadn't been compiled. And we know, this is an authentic hadith from the prophet SAW something that case then does that nullify that opinion that was based on not knowing the Hadith, and it becomes obligatory

01:33:35--> 01:33:47

is a very, very good question. Some of these differences among the companions of the Prophet Solomon was because the companion did not receive this hadith. And in this was also with the mother,

01:33:49--> 01:34:31

the Imam and Amanda would make an opinion because he never got this hadith. So he made a ruling that seemingly goes against this hadith. Now, the Hadith are compiled, most of its have easy access to them, a lot of them have been checked in terms of authenticity, etc. So if we find a hadith now to be authentic, and the madhhab seems to be going going against that, does this negate this ruling in this method, with basically the mother have are still evolving? And that's the good thing. That's the most why the Mr. Hadean the mother have are still looking into you know, their mother have and developing them. So, you will find some of the scholars in a settlement of in the Hanafi, Maliki

01:34:31--> 01:34:47

Shafi Hanbury manga will actually start changing their opinions about certain things, because they follow the soul the principles of the matter. Some of them would not necessarily change because as we said last time, if you remember, we have two issues of forbort.

01:34:48--> 01:34:59

And the dilemma, we have the authenticity and we have also the indication, so maybe they would, okay the Hadith now is proven to be authentic, but

01:35:00--> 01:35:07

I don't necessarily agree that this hadith is actually talking about this ruling. So they might say no, the indication of the Hadith is talking about something else.

01:35:08--> 01:35:13

So it might be this might be that. So it could Yes, change the opinion in the madhhab.

01:35:14--> 01:35:45

But for some of the scholars in them as well, they might say, yes, the Hadith is authentic, but we don't see that this hadith is actually there. Or maybe they say yes, howdy, this headache talks about this, but we have other Hadith that, okay, that help us make this rulings, an exception to this hadith. So there will always be dynamics there. So it's not it's not sometimes so black and white, there are so many factors contributing to this ruling that the scholars have arrived at.

01:35:46--> 01:35:55

So even though Hadeeth might seem to contradict this, but maybe they have another number of added that build the context and build the case, for the ruling, so we hold on to it.

01:35:57--> 01:35:57

Okay.

01:36:02--> 01:36:02

Yeah,

01:36:03--> 01:36:04

it's up to us you

01:36:06--> 01:36:07

asked the question, what

01:36:09--> 01:36:12

characteristics have played a role in this regeneration

01:36:14--> 01:36:15

that we lack in our time?

01:36:18--> 01:36:24

Can you read the question? Again, we analyze the characteristics that played a role in the Sahaba. regeneration.

01:36:31--> 01:36:54

Okay, the principles and the characteristics that made the companies handle their differences. Okay, are we going to analyze them? I think we mentioned generally speaking, the reasons for their differences. So how they handle that? I mean, probably that's a good research topic for some of you. Okay, some of a lot of it would be a lot of it would be

01:36:55--> 01:36:58

the sense of brotherhood, that was obviously stressed.

01:36:59--> 01:37:18

Second of all, was, they could see, you know, open mindedness, they can see the other component is not coming from a completely wrong perspective, they have a point there could be as well seems to be a general understanding among the companions that there is a room for differences.

01:37:19--> 01:37:44

Okay. So it would be a good be a good, you know, research topic to actually for someone to analyze this. But for us to analyze this, I think it would be a big stretch on the time that we have big stretch on the time, but it would be a very good, some kind of, you know, come it would complement what we're talking about. Absolutely. was a good question, actually. Michelle.

01:37:49--> 01:37:50

Yeah.

01:37:58--> 01:38:14

Okay, good question. It's about rebirth model here. exchanging, let's say, two kilos of dates for one kilo of better dates. And the scholars say, telephone now, FL arriba. And the prophets of Salaam says, you know,

01:38:15--> 01:38:24

basically, if it's different types of dates, it's a different thing, no problem. But as long as it's not the same day, so I'm just going to say as long as it's dates,

01:38:25--> 01:38:29

but the most correct opinion is that if it's different types of dates,

01:38:30--> 01:38:51

okay, then and like for example adwa is not like better shape or like a module or like Bernie so each one of them has a different value. So exchanging a phone for a phone if it's a Samsung phone HTC Yes, no problem. You can exchange it different values. Okay.

01:38:53--> 01:38:56

If it's if it's a different phone

01:38:57--> 01:39:01

even if it's all Samsung different models, I guess that's fine.

01:39:02--> 01:39:06

If the value is similar, this value is similar to that value should be okay.

01:39:09--> 01:39:12

If it's a matter of value to value fine should be okay.

01:39:13--> 01:39:14

Value of

01:39:19--> 01:39:26

cha cha because it's a value for a value Yeah. Sometimes to get out of the some some scholars have reservations about this

01:39:27--> 01:39:31

you can probably sell that one and should be okay.

01:39:36--> 01:39:55

On behalf that means you give me are give you on the spot let's not I give you today, you give me tomorrow, these things have to be given yet and be at this what means Yeah, then I give you a hand you you hand me hand we have hot means take it. Here you go. Here you go. Okay.

01:39:58--> 01:40:00

It's like it's more of a

01:40:00--> 01:40:07

Like hack hack in Arabic it's a small hack I could mistake hadn't been same thing. Yeah.

01:40:08--> 01:40:09

Okay, no more questions.