The Evolution Of Fiqh – Part 9

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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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You know, Muhammad Ali, he was so happy that

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now we are,

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we started talking about what we could call the third stage that went through after the main stage or the original stage, which was the time of the Prophet sallallahu sallam.

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And this stage we said, It stretches from around 120 130, after his Allah till around 270, which is roughly the time when the other side Caliphate, or colorful abyssea was on its last legs.

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And during this time, the meta had appeared. Because we said,

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there was what we could call the duino Hadeeth. So the main books of Hadith started being established. And famously, we say,

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mortality, my medic, and Muslim Imam Ahmed.

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And

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so these collections of Hadith where they're handed was written down, there were a lot of collections in circulation, people had access to them. So that helped

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take a very, like, particular and well defined shape.

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And, as a consequence, as well,

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there was what we can call it, what do we need to do anything. So the fifth started taking very clear shape, and the scholars started to actually write down their opinions, their opinions, because feck was mainly taught from teacher to student from teacher to student, there was no books on film,

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there was no books, on 50 issues and on rulings.

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So during this period, as well, the scholars or the students, sometimes the students of those scholars started writing down the opinions of their scholars, and classifying these opinions under headings. And so the thus was that we will, as well the writing down or, or creating compilations or collections books.

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And that time as well, there was the Philadelphia

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and

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Muslim countries, Muslim cities were very well established. There was a huge cultural development and intellectual development. So even the books of the different civilizations were translated into Arabic. So we have the Indian books were translated.

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Persian books were translated.

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Greek and Roman philosophy was also translated into Arabic. And there was such a powerful, huge intellectual move movement around and around the Arab world. So when I look

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at the CEA, the,

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the Caliph created what they called beta hikma. Beta hikma was more of a university, and it's actually bigger even than the university was a university and the universal Research Center.

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Household was debated, hatless was more of a think tank as well. So, there was a lot of intellectual activity translations were taking place, teaching was taking place thinking and coming up with new theories, new philosophies was also taking place, different sciences like medicine improved greatly.

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So all the different disciplines and scholars were given a lot of privileges, intellectuals were respected, and they were given even salaries just for the sake of devoting their time completely for their studies.

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So, that caused some kind of an intellectual revolution. Part of this as well was all of this cultural and you know, intellectual kind of

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sophistication,

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got the scholars as well to establish facts according to principles teach it in a very respectable, organized systematic fashion.

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So that developed as well and also gave sometimes language and gave language to what otherwise was more of a culture was more of a personal opinion.

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So this kind of organization that some of these other sciences or these philosophies had, that were taken from other civilizations, they showed a great deal of

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you know, system and

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organization.

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complexity

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and classification. So, this also, I would say, you know, put the level of intellectual ism among the Muslims even higher. So they started comparing their their own

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products, intellectual products or even products, comparing them to this kind of sophistication. So, that helped push the level of all the presentation I would say in the documentation of to a more sophisticated level more organized level. So, this is this was one of the contributing factors.

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And we find, for example, with the amount of Shafi that because first was opinions, people would look at the Koran look at the Hadith, and, and different verses different Hadith that pertain to this issue that they're studying. And then they would come up with a ruling that's based on their understanding. Now Imam Shafi took that a point further, when he actually distilled these rulings of these rules of deduction. What are the basic rulings at the back end of this understanding that caused the scholars to come up with this ruling from these verses? So that's he created what we call animal soul is the science of the principles.

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And it's more like grammar for language. It's more like grammar for language.

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We're just one example on a sort of, for example,

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a moral

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and moral virtue, this is a role and also when there is an imperative, when there is a verb that says, Do that signifies obligation. So in the last panel to Allah says in the Quran, or the prophets are seldom use any verb in the imperative form. That means obligation, unless, unless there is an indication in this Hadith, or in this verse, or in another text, that shows that this

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imperative or this verb does not mean obligation, it actually means recommendation. This is one of the rules of how do you do this, that's how you that's how this causes us to understand. The so mmm Shafi looks at all of this collectively and he did use this rule he found it as a consistent pattern. So he deduced it into a very simple stated rule that the imperative verb or form of the verb, the imperative form of the verb indicates obligation, unless, unless there is another indication on another clue that suggests otherwise

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amuru lilou in either product or even at home sorry for

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sorry, for example,

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somebody might say Allah Subhana Allah says in Surah Al Juma for either Puglia to Sala salado fantasea rowville.

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So, when the Salah when Juma prayer is completed, Fantasia are often also spread over the earth, I mean, pursue your

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What better home and family law so spread like leave the masjid. You don't have to stay in the masjid at the masjid and obtain home and follow the law and try to get your provision that last one is written for you. So that means go and make a living. Go and do your business. Don't go do some work. Somebody might say okay, this is what

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fantastical in tashiro is an imperative spread. That means leave the mustard spread on the earth, disperse whatever woman favela and seek the provision of Allah that means you have to go to work after Juma does an obligation.

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But we say no, because why there is an indication that this imperative verb is not does not mean obligation. Why? Because it was preceded by a prohibition

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was preceded by a prohibition last wantonness is in reverse Before that, he says either new DLS celerity miyo mill jamara.

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If the van is called for Juma with time, it's time for Juma Fest, Isla de krill. So rushed to the remembrance of Allah means come to the player, that's an obligation come to the frame.

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For saga, the weather will bear and leave business trade work, Leave it, leave it

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that's that's an imperative verb and that's an obligation because there's no indication that says, Okay, if you want to come come, you have to come. So that's an obligation.

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So Allah subhanaw taala made it obligatory on the Muslim males

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To come to them as to the Juma time. And if they have work or business, anything that engaged in, they have to leave it and they have to come to the masjid.

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Now Allah subhanaw taala wants to say, you don't have to stay in this method for the rest of your life. Now you come, I was gonna say, Mel go.

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So the second one is to cancel the second order is to cancel the first one after a period of time, which is towards the end of the prayer when the prayer is done. Okay, now the obligation that we said come to the masjid and stay there, now this is canceled by another order.

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So this is no solid

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amuru either by the help virgin Federation settled

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in Inner Mongolia lava loop. So if a command comes, if an imperative verb comes in the text, and it comes after

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an obligation that was made, it comes to lift the first obligation. So if you want to have to do more, you can stay in the masjid, or you can leave it's up to you. Because the first obligation that you come to the masjid you stay in the masjid, now was lifted

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at the time of when the prayer is, is completed. So that's just an example of sort of,

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so this kind of sophistication, this kind of depth in looking at the logic behind how the understanding of the scholars how they would take a ruling from the texts, how they would handle the text in order to arrive at a ruling. This kind of understanding. Imam Shafi was the first to write someone there. So

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so this this kind of outset, although not sophistication has some negative connotations. But I'm not talking about the negative connotations. I'm talking about the development, I'm talking about

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the systemic nature of nature that assumed at that time, it's more of a more organized, very well defined, headings were created, as sub categories were created, and so on and so forth.

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Also,

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because the Hadith was documented, it was more accessible. It was more accessible to people. And it was more accessible to people in different countries. Let's say for example, the hadith of Abdullah Abdullah and Mr. Hood, the Hadith or reported quoted by our beloved Mr. Road, because I belong in a Kufa so they were accessible to the people of Iraq, because they could come and meet our beloved Masood, or meet his students and learn these Hadith. But they were not accessible to the to the people in Medina, or the people in Egypt. So when they were written down as collections of Hadeeth copies were made of them so that now they were more accessible, that were more accessible. This

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also, as we said, added to to the development of film, so this court is indifferent, or the fuqaha in different countries now they had access to a hadith more Hadith of the Prophet SAW Selim. And this caused them to share their work and build a school of thought around it, and start teaching it to students, as students would write down on documents. And this is exactly what happened with Abu hanifa Imam Malik,

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and Imam Shafi and Imam had been handled

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not only way, these four but they were more, no more and probably in the Bohemia Bilal Philips book, you will find probably ma'am and Jose, I think is funny 30 he talks about their mother hub.

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So, each of the well established scholars, they had mother have had a school of thought very well, a clear system, about physics and the rulings.

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And they had a huge number of students who actually learned from them and started you know, following their footsteps.

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So, this is basically this is what marks this this time. So it was very well thought it was very well established at this at this time, it became a very well established science. It became a science on its own. It had clear borders, and somehow at this stage, it sort of made a complete split from our

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from our because you remember at the early stages, we said fifth means understanding means deep, proper comprehension. And it included at the early stages, issues of what we call today, which is the practical rulings of Islam. Something is halal or haram. Is it permissible to do this? Is it legit is it recommended? Is it disliked

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Okay. And it also included issues of our data, issues of belief, belief about the unseen. All of these were called, but at this stage, now fix when you said this term became very exclusive to what what we call an axiom Emelia, which is these practical rulings of either a bet that were acts of worship or dealings dealings among people with business transactions or marriages or family relationships, etc.

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So, in order to have a very good understanding and with of this we will take a glimpse into the form

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and glimpse into the format.

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So, we will talk about the main figure and the method which are the four demands, and then the a little bit about them about their, their life and a little bit about their, the main characteristics features about their method and about their

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So, we'll start obviously, with Abu hanifa, I found a very good description I was trying to research into this, and I found

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one of the our Arabic References 30 for tertiary and Islamic the history of Islamic legislation by Magneto katan. I found that gave very, very good brief

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yet comprehensive description of each of them, so I'll depend too heavily heavily on it. I think what you find in Bilal Philips book is quite good as well.

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So Abu hanifa was born around 80, after his son

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was born around 80.

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After his role, his name is a man Ben sabot. And man been fab it and he is Persian, in origin. He's Persian in origin. His father was born as a Muslim. His father was born as a Muslim. So other Sabbath was born as a Muslim.

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So Abu hanifa was born into a Muslim family as well. And he was born at after hedgerow

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and he was in Iraq.

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I believe he was born in a Kufa.

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Kufa, we said it had the knowledge mainly of Abdullah bin Mr. Iraq

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got the knowledge of Abdullah bin Masood. So I'm wondering if I learned from the students of Abdullah and Mr. Wood mainly, mainly from the students, especially at the early stages of his studies.

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So he learned from Ibrahim and he

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and some other students who have to love and massarotti. But these are not the only ones that he learned from later on. He stretched his learning scope, even to other

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students of other companions.

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So he lived

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he was born into the Omega and Omega caliphate. And he witnessed that. And he witnessed during his early years, the days of a head judge who was very harsh and vicious against the population or against the people who were really

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rebellious towards the Umayyad Caliphate. And then he witnessed also the time of disease with the laughter of Mr. Benham devices, then he witnessed the decline of Banu omiya. And how

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the other side khilafah took over. Besides Rafa took over so he witnessed that he saw all of these events.

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Iraq was

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a very rich place in terms of business and trade, and in terms of intellectual intellectual movement. So it was even some of them said it was held on to the LM Islamic.

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It was more of the hub of the Muslim world. And it was basically the hub of the world, Iraq at that time, so all business, all trade, everything was actually taking place, mainly in Iraq, mainly in Iraq.

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So, this also added a lot of variety and a lot of depth and a lot of knowledge to Abu hanifa being living in that hub. So he saw a lot of cultures, you know, coming into this place, and he had exposure to all of these cultures, whether they be the Arabic or Persian or even Indian, or even European in terms of like Greek and Roman philosophies. So all of them, were

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So, Iraq was a more of a melting pot of these cultures. So Abu hanifa Imam, Abu hanifa, had an exposure to all of these. And this obviously enhanced his intelligence, his intellectual level, his ability to, you know, handle things

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and to even have a deep understanding of what he was studying.

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And you will remember when we said previously,

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that two schools of thought were taking place in Iraq one which was madrasa, right and in and hedgers mainly in Medina was madrasa to Al Hadith. And also to Al Hadith. In Iraq, Alhaji Allah Roy were people who focus so much on the meanings of the texts, and they were able to discuss meanings, and even come up with some scenarios try to find out solutions for them. So they extended the meanings of the texts, and they expounded on them. And they tried to see what the meanings were telling them.

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So Abu hanifa, being in Iraq, obviously he was influenced by that he was influenced by that. So he would use intellect to understand what the text is talking about, what is the meaning behind it? What is the wisdom behind it?

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So and this will all reflect on the method of

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so the ones that he learned mainly from is Alabama, and nihari will grow him in a hurry. And his main teacher at the beginning was hammered. obese when a man had met him, you know, Abby Sulayman.

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And these were all from the School of Iraq, which is mythological a hell out of it. So he inherited from them a deep understanding into the text, a very deep understanding and analysis of the text of the religious text.

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The fuqaha, at that time, were respected, were respected a lot and they were given the status because it's in some Muslim caliphate. So the scholars of Islam occupied a very high position. They were praiseworthy, they were respected. They occupied a high status in society. So everyone looked up to them.

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Did Abu hanifa meet any of the companions of the Prophet SAW Selim? This is an issue of dispute, but the majority of the scholars of

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our region, the scholars who studied in all the scholars and the narrators of Hadith, they, most of them, they say, No, he did not meet any of the companions of the Prophet, although he lived during the times of nsmen Malik, and some of the other companions, but most likely he did not meet them. So he's considered to be from

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kivar, tappy, tappy, tappy, tappy. Okay, one of the senior ones among them.

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He began his life more as a merchant, so he used to sell fabric and silk.

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So he was a businessman, more of a merchant. There's a lot of beautiful stories about him. When he was a merchant, about his honesty and his

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his concern even for people sometimes he would like there's a famous story about a lady who came to sell, like, some kind of a dress that she had, but she wasn't needed money. So she wanted to sell that dress. And he asked her, how much do you want for that?

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Well, she said probably for Durham. He said, Oh, no, I'm not gonna pay for Durham for this kind of dress. She said how much you want to pay for the home is not much. She thought he was gonna, you know, argue with her bargain with her get a budget deal. He said I'm gonna give it to you, as far as I believe it was 50 dinar something like this was such a huge amount of money.

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And she said why he said this is made of silk.

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It's not made from normal fabric. So it's worth much more than that. Obviously, it wasn't worth I can I can't remember exactly the number was it 50 or something like that. But he actually he gave him more than its own worth, he realized she was a woman in need. So a lot of stories came from Abu hanifa

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about his honesty and about his care for for people.

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So when he first started more as a merchant, and then when he saw the students of knowledge, the scholars, he this appealed to him so he decided to study and pursue it more. So he started actually attending the halaqaat learning Hadeeth learning the fifth, etc. And he excelled. He excelled and we said the main person that he studied with was Hannah, Devon ob Suleiman Hamad Abbey Suleiman, who was the

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The main purpose of Iraq, the main alum or scholar of Iraq, and he also we said,

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studied with Abraham and Nephi. And

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also studied with other machinery. So he started from without our IVR Oh by one of the main students who have been asked about IVR by a well known professor. And he started with recruitment the students as well or the servant of Abraham bass. He started also with NASA, the seventh have been Omar

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with NAFTA mobula. Seven. NAFTA as well, was one of the main scholars of his time.

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He also studied under

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the

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some of some of the scholars from elbaite, like a Jaffa sada was a Benelli. And by the way, these scholars were from Allison,

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the descendants of aluminum we thought they bought from Arizona, were from

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Abu hanifa was known for his courage as well, in truth, he was known for his courage in truth. And many times he was asked to become a judge. And he refused. He refused to come and he wanted to spend his time studying and teaching. And he did not want to be in a position where someone will have authority over him, especially so he didn't want to get into political issues, that might

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put some pressure on him. So he avoided that. And he was punished actually, by this. So this is why the mayor or the governor of Iraq at the time of the Omega Caliphate,

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is either gonna have no obey or is it obey Allah. He wanted Abu hanifa to become a colleague or a judge, and he refused. So he actually punished him. And he made him he whipped him in in public

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110 lashes

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110 lashes 10 each time each day, every day for 11 days. He was whipped 110 lashes. So when he when he saw that email hanifa was completely decisive about not taking up that position. They let him go.

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And also later on during the herbicide khilafah.

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led Elissa himself, the Caliph himself wanted him to become a judge. And they actually invited him to come to move to Baja. That is why he moved to Bali that we know he died in Baja that he died and his grave is in Baghdad today.

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So the halifa wanted him to become the judge. And he said no. So the three of us said, well, law, he will become a judge will lie you will become a judge. So in order to put him under pressure, he said, Well law, he will not become a judge.

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So so he was known for his bravery in that sense. It was clear about what he wanted to do. So some of the people around they said, you know, you can't make the halifa expiate for his own off. He said, why the halifa is more capable than me, you know, to pay the explanation. So he's supposed to pay it. And I saw that he said, just let him go. Letting you know he won ticket.

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But it wasn't easy for him. He was put in prison a few times because of this as well.

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And he was known for his a bad he was known for his worship. And some like there's a story about him that one day he was praying at night and he prayed the whole night reciting one verse and he was crying all the time. And it was allistic when the last one to this isn't sort of Mr. Bellis at home or at home was to Adele and not belissa at all, no way to home. Indeed, that appointment the time for them is a size the is the last day is the hour was to adapt, and how heavy and weighty and bitter the hour will be

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to adapt.

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What Mr. Abu hanifa was known as well for his intelligence, high level of intelligence and his style, like teaching style stood out. He did not

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like throw information on students.

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His class was mainly discussion so he would ask questions. He would get the students to think and give him answers. Then he would make comments on their answers and help them find the right answer. That was his way his style of teaching. That's how he used to teach. So he got people to think he got his students

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To think one day he was with his students. And some of the coverage came into the masjid and those while you were basically attacking Muslims, some Muslims at the time. Because we know during the beside he left leaving the Umayyad Caliph caliphate. Some of the Hawaiians were still there and would attack some of the cities among the Muslims and attack the the the, like the government, etc, and so on, so forth. So they entered the masjid in a state of war. So the one to see these people who live under the reign of this Caliphate for them is all of these anomalous slums. So they walk into the masjid the students remember hanifa panicked and said, What should we do now? Now, with the

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quarters and domestic he said, it just stay quiet, I'll deal with them, obviously, is a very intellectual person and very knowledgeable. He knows the hovering knows how they think.

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So they came and they said, Who are you? they asked on behalf and these guys, Who are you guys? He said, national Mr. G, our own.

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We are Mr. g. Ron, we seek your protection. That's what he said. And basically understands these people. How are they take the Koran for letter,

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even sometimes against the original meaning, because they don't understand. So he was referring to the verse in Surah Toba, we're in a huddle, minella machinery kena stage aka agile who had tyus McCallum Allah. So if one of the that's what the verse suggests, when one of the non Muslims seeks your protection.

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So give him your protection, Grant and protection, protect them until they hear the words of Allah from a beautiful woman, man and then get them to a safe place. So help them get to a safe place.

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So Obama knows they were if he said, were Muslims, they were going to kill them. Why? Because for them your profile.

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But he basically said we almost as your own we are people who are seeking your help. So they assumed or he's a non Muslim, came into the masjid seeking help.

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So they left them.

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So that shows you his understanding and his his intelligence as well.

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One day, there's a very interesting story about how he was ill for some time, and one of his main students, and Abu Yusuf Ali, Abu Yusuf al calling

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a wishful thought he was very fascinated with his teacher with enam, Abu hanifa he learnt a lot from him, but he was very keen to become a teacher as well. Too early you wanted to teach early.

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So whenever hanifa was ill

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abusive started making you know his own halaqa So when a member hanifa came back abuse off, kept his halaqa. And when he had this halaqa see became more of a competitor. Right. So hanifa has his halaqaat here and we'll use we'll call the has had his helper here his students there.

00:33:10--> 00:33:26

Remember hanifa being a wise man, it's not that he felt threatened or insecure that Okay, we'll use it was having a HELOC is not, but he knows that we also have is not ready yet. He's not ready yet. So he wants him to learn more before he gets to that stage.

00:33:27--> 00:33:31

So he says to one of the students go and ask him this question.

00:33:32--> 00:33:45

So the he gives him the question, he says, I bought or someone said someone bought a piece of cloth. He took it to the tailor. And he said, I want you to make me a film.

00:33:47--> 00:33:49

I want you to make me a film. He said okay.

00:33:51--> 00:34:05

I said you come and pick it up. And a few days. So when he came, he said was my fault. He said it was he said I gave you a piece of cloth in order to make it to fly and took the measurements. He said No, you didn't.

00:34:07--> 00:34:09

You didn't. So he denied that.

00:34:10--> 00:34:18

He denied that. So he takes him to the to the judge and the judge checks and he finds actually the film is being made.

00:34:21--> 00:34:23

So what is the case now?

00:34:24--> 00:34:25

What is the case?

00:34:28--> 00:34:41

What's the answer? Should he just take the thumb without paying to him? Because he took his own property like the tailor took the piece of cloth for him.

00:34:42--> 00:34:59

without, you know, paying. He was supposed to he was meant to do it to tailor the film for that person but he tailored it probably for himself or someone else. We don't know. So should he should the customer pay the tailor and take the film or should he take the film without paying

00:35:02--> 00:35:03

What should be done?

00:35:04--> 00:35:06

So, basically,

00:35:07--> 00:35:24

the guy went with the question. So he said, so he said, Okay, that's the case. What should we What should we do? What should be the judgment? He said, No, he takes the film. And he pays for the for the handwork for the work of the tailor.

00:35:26--> 00:35:37

He says wrong, that's the wrong answer. So the student himself because he was instructed by Abu hanifa, he said, whatever answer he gives you to him wrong, he's gonna give you another answer to them also wrong.

00:35:38--> 00:35:41

So he said, Let me think so he thought about it. He said,

00:35:43--> 00:35:44

No, he takes it.

00:35:45--> 00:35:48

And he doesn't pay as a punishment because the tailor

00:35:49--> 00:35:51

Okay, intended to take it. So as a punishment.

00:35:53--> 00:36:01

And honor he takes his piece of cloth in the shape of Phelps he takes it and doesn't pay for that, because the tailor did not make it for him, so he doesn't pay for it.

00:36:02--> 00:36:04

So the surgeon looks at me says wrong.

00:36:05--> 00:36:09

So we use of thought, and he said, That's not from you Who sent you.

00:36:11--> 00:36:12

He said, Oh, honey fasten.

00:36:14--> 00:36:49

So he realized he understood the lesson. He said, I'm not ready. So he said to students, you want to learn go and join over? Hanif halaqa has gone down. It's not time for me. So he goes, and he rejoins the helicopter hanifa. But that's still in his mind. He says, oh, by hanifa, you know, what's the answer that that puzzled him? Right? What's the answer to this? He said, of a hanifa. And you see the understanding, he said, The Collie looks at the throat. So if the throat is made, is made, according to the measurements of the customer, he pays him

00:36:50--> 00:36:53

the customer pays, and he takes the film. But

00:36:54--> 00:36:59

if the tailor of the the design of the job, the measurements

00:37:01--> 00:37:05

are designed, according to the tailor himself or someone else,

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

he takes it, the customer takes the job, and he doesn't pay for it. Why? Because he did not make it for him.

00:37:15--> 00:37:20

He did not make it. So basically, he's taking his piece of cloth back. Okay.

00:37:21--> 00:37:38

That's it, he's taking this piece of cloth back without paying anything. That's what it means. Because the other the tailor did not make it for him. So he does not owe him anything that shows depth of understanding. Right. So that's an example from this, how he would teach his students generally speaking, that would be his time.

00:37:40--> 00:37:46

Let's look at the principles of the method of Abu hanifa. What are the general features of the madhhab be hanifa mala?

00:37:47--> 00:37:56

First of all, his main source of legislation is the Quran. So he takes that Koran and for him, the Sunnah comes second.

00:38:02--> 00:38:04

And that's obvious. That's obvious.

00:38:06--> 00:38:11

The second source, we say this sooner, but there's an issue here. And that's the second feature of Abu hanifa.

00:38:13--> 00:38:14

Especially at his time,

00:38:15--> 00:38:19

he was very careful before accepting Hadeeth.

00:38:21--> 00:38:47

Why? Because there was a lot of lying. There was a lot of fabricated headaches, specifically in Iraq, specifically in Iraq, there was a lot because that's the time when the raphaela as well, were making up Hadeeth making up lots of anything. So Abu hanifa was very careful, very strict. He had very strict measures for accepting Hadith.

00:38:50--> 00:38:55

And unfortunately, this caused some people to accuse Abu hanifa of rejecting Hadith.

00:38:57--> 00:39:03

There are some people who are accused of rejecting Hadith, but actually he did not reject Hadith, but he was very

00:39:04--> 00:39:08

careful, he would scrutinize an integration that would come before accepting it.

00:39:10--> 00:39:16

So, it was very careful about accepting hydrate and this as I said, cause some people to

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

have rejecting Hadeeth

00:39:22--> 00:39:24

and this obviously caused

00:39:25--> 00:39:26

this caused

00:39:27--> 00:39:49

the number of headaches that were available to be few and number to be fewer in number. So obviously, when he has an issue has to deal with and he doesn't have a headache about it. He will use he had he will use as he will use and this led to the third feature of Abu hanifa madhhab which is

00:39:51--> 00:39:54

a lot of use of Ts analogy,

00:39:55--> 00:39:57

like the abundance of chaos in his map

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

abundance

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

BS in his method?

00:40:02--> 00:40:07

And that makes sense because he comes from Iraq from madrasa to write a lot, right?

00:40:17--> 00:40:23

So this is a tomasulo filter. Yes, there's abundance of Korea's, there's a lot of the US in the mother.

00:40:27--> 00:40:32

A fourth feature about it is what they call emotional effect. And this is an

00:40:34--> 00:40:35

illustration.

00:40:37--> 00:40:43

And this is not an easy word to translate, but it would be like, if you find something good,

00:40:45--> 00:40:46

that's for you.

00:40:47--> 00:40:52

Okay, if it makes sense, and it seems to be good, that would be the ruling.

00:40:53--> 00:41:02

That would be the stomach ruling. So creating a ruling or finding or coming up with a ruling based on how beneficial The thing is,

00:41:04--> 00:41:06

how beneficial you find it to be.

00:41:14--> 00:41:23

So in this lesson is one of the main features of Abu hanifa method. So if something is beneficial, something is beneficial. Okay, you have two

00:41:24--> 00:41:39

possibilities about something, two possibilities about something you will see which is more beneficial, more just okay. And he would say that's the ruling, if he has no text about it, if he has no text about it.

00:41:44--> 00:41:49

And this is one of the main contentions between madhhab, Abu hanifa and other mother hip.

00:41:51--> 00:41:56

Okay, specifically a chef, a chef, it was against this. Chef, it was against this.

00:41:59--> 00:42:04

Fifth, a fifth feature is what they call an Arabic el el Sharia.

00:42:06--> 00:42:07

And he'll show a

00:42:08--> 00:42:28

and l here shortly Yeah, this is very difficult to translate because it might be easily miss understood. It is the most accurate out say, description or interpretation I could come up with is finding a means to ease.

00:42:30--> 00:42:35

Finding the means the religious means to ease

00:42:39--> 00:43:00

because they'll heal in the Arabic language is a very versatile word. Some people translated as tricks, but in metal, we hanifa it's not tricks. He's not talking about tricks, playing tricks. No, he's talking about finding means to find, or coming up with means to finding ease. I'll give some examples to make this show a little more understandable.

00:43:07--> 00:43:12

Finding the means for example, we find this in the Quran. Prophet you.

00:43:14--> 00:43:14

I think he said

00:43:17--> 00:43:19

when he was ill he made an off

00:43:21--> 00:43:26

to if he that he gets his strength back. What will he do?

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

He will

00:43:29--> 00:43:36

he will he will lash his wife because she said something and she did something said he would lash her 100 times

00:43:37--> 00:43:38

100 times.

00:43:39--> 00:43:45

So Allah subhanaw taala when he when you've recovered, Allah subhana wa tada said,

00:43:47--> 00:43:51

would be at the Kobe fan for a B when

00:43:52--> 00:43:55

he said you take in your hand,

00:43:56--> 00:43:59

a bunch of 100 sticks, thin sticks.

00:44:00--> 00:44:19

And you basically lash your wife once and that's 100 accounts for 100. So that's a means to ease. You see what we're talking about. That's what's called a hail show Sharia in Arabic. Some people translated as tricks, it's not tricks, okay.

00:44:21--> 00:44:26

It is means to ease religious means to finding ease in a situation.

00:44:34--> 00:44:41

There is also for example, the Prophet sallallahu Sallam when they conquered hiber.

00:44:43--> 00:44:52

Some of the dates some dates were brought to the prophet SAW Selim and it was called this type of data is called Junaid as a very good

00:44:53--> 00:44:57

type of dates. It's a very good type of dates.

00:44:58--> 00:44:59

So the purpose of said is all the

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

And high bar have that same quality. They said no. Problem said, No. They said so how do you deal with that? They said,

00:45:10--> 00:45:13

one saw, or let's say one

00:45:14--> 00:45:30

kg of this, we exchange it with three three kg of another type, which is lesser type. The professor said don't do this, this is Reba. This is Reba and father. He has one type of river.

00:45:31--> 00:45:39

This is one type of Riba. But the prodigal son said, there's a way to deal with this. You sell this one kg of Junaid.

00:45:40--> 00:46:00

And it's worth what $10 $10. And the other three kg of that lesser type is also worth $10. So you said okay, you sell this for $10, you get the $10, then with the $10, you buy that three kg of the other type. So this is finding a means to ease.

00:46:01--> 00:46:02

This is called

00:46:03--> 00:46:04

a sharpie.

00:46:06--> 00:46:08

Okay, so Abu hanifa

00:46:09--> 00:46:14

was very good at this was very good at finding cases or

00:46:16--> 00:46:17

like legitimate

00:46:19--> 00:46:24

exits from difficult situations. For example, one of the issues that he dealt with

00:46:26--> 00:46:32

was someone made an oath, that he will approach his wife

00:46:34--> 00:47:09

and have an intimate relationship relationship with her have intercourse with her during Ramadan, during one of the days of Ramadan. It's a very strange of what someone said, I'm going to approach my wife during one of the days of Ramadan. What made him do this? I don't know. But why would you get into this? Because obviously, you know, the photo for this is huge. The cafaro for this is huge. So they approached Abu hanifa they said, you know, get us out of this, you know, get me out of this. What can I do? Because I made an oath to approach Okay, maybe not approaching his wife during one of the days of Ramadan.

00:47:12--> 00:47:18

So our hanifa doesn't even say he says okay, now what you do you travel with your wife during Ramadan.

00:47:19--> 00:47:22

When you're traveling, you don't have to fast you can approach her.

00:47:24--> 00:47:25

You see. So

00:47:27--> 00:47:30

another example that came to him, a woman.

00:47:32--> 00:47:40

I don't know what happened between her and her husband. But there was a ladder in the house. Parisian wanted to get something from the ceiling from the roof. So she got

00:47:42--> 00:47:55

she started climbing the ladder when she was halfway through her husband season and he says Auntie Talia can either use it or polygon. He then has Lt. He says you are divorced, if you go up.

00:47:56--> 00:47:58

And you're divorced if you go down.

00:47:59--> 00:48:01

Now she's stuck with this.

00:48:03--> 00:48:07

When does she do? So? Abu hanifa

00:48:10--> 00:48:12

said, okay, there's a way to deal with this.

00:48:15--> 00:48:16

Can anyone think of a solution?

00:48:18--> 00:48:19

No jump is coming down. That's it?

00:48:21--> 00:48:32

Yes. He said you get a bunch of people. They hold the ladder. They bring the ladder down. They bring the ladder and the woman down on the floor. So she says she's safe.

00:48:34--> 00:48:42

So this is basically some of the that's what they call an LPN, Sharia which is seeking means to find ease.

00:48:45--> 00:48:49

Okay, we said Abu hanifa was accused of by some people

00:48:52--> 00:49:03

know, Sheila, or he'll here is basically meaning Hey, Lula. Hey, Lola means transition something. Some it takes something from one state to the other.

00:49:05--> 00:49:05

Huh, no, no.

00:49:07--> 00:49:20

It could be it could be health is the same thing. Hell is actually arriving from a problematic situation to a proper situation where you untie the issue. So it's all connected. Yes.

00:49:26--> 00:49:41

But deal is more of a substitute, alternate alternative. So could be, but it doesn't really show. You know, the nature of it doesn't show the nature of this act or this kind of attitude. So there was an accusation.

00:49:46--> 00:50:00

As I said, against the bo hanifa that he rejected. There's a number that wasn't true. As we said, he just was very strict when it came to accepting the Hadeeth because there was a lot of lying and his time so

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

He was very careful.

00:50:03--> 00:50:09

And it was mentioned that sometimes, for example, someone came to Abu hanifa. And he said about the spoils of war.

00:50:12--> 00:50:22

Or about, you know, the spoils of war that you get the Muslim army gets without fighting when the when the enemy surrenders, and they hand hand everything they have.

00:50:23--> 00:50:47

So Abu hanifa was asked about this. And Abu hanifa basically said, The soldier who's or knows the details for that, but the soldier who's on foot and the soldier who's writing, they get the same [???]. So someone said, 10, but the Prophet sallallahu sallam, he gave double for the one who's writing. Abu hanifa said, you know, that doesn't make sense.

00:50:48--> 00:51:25

And he basically, he didn't reject the Hadith. But he was basically as I said, this time, it was a lot of there was excessive lying against the prophets of Salaam. And for him, Abu hanifa would stand by the principles of the whole answer for him, there was justice. So what difference to him It doesn't make if someone is riding an animal or someone is fighting on his feet. So for him, this could not be from the prophet SAW Center. This could not be from the center. So this is why he didn't take it. So a lot of the incidents happened with a behavior like this that led people to create this accusation. But as I said, it's not true. It's not true, because we know in his work,

00:51:25--> 00:51:52

when he has an authentic hadith, he depends on it, and he doesn't, you know, take anything else he holds on to it. And there's a lot of statements from him that he says, if the Hadith comes from the prophets or something, it's authentic. That's my madhhab. That's my map. So we know that any instances where Abu hanifa seem to not take a certain Hadith, not because he rejects the Hadith, but because he questions the authenticity. Remember has happened with Omar the Allahu anhu.

00:51:54--> 00:51:54

When

00:51:55--> 00:52:19

and about the the death of the the woman when she is divorced for the third time for the web interface. She came and he he said among kebab said, and that Rococo Lala xojo, Nicola Mirage in Lana de la cara mscs. Are we going to leave something Allah said in the Koran for a statement from a woman that we don't know whether she remembered or she forgot?

00:52:20--> 00:52:27

So that's exactly the same. So if I did not reject her teeth on the contrary, he would hold on to the Hadith, but

00:52:28--> 00:52:31

he was very careful as to how he will accept the Hadith.

00:52:32--> 00:52:45

Even Hold on, he says. He says, well, Imam Abu hanifa in amapola, three warrior two who Lem, Masha Allah Masha that official rotary Why is he with the hammer, he says Abu hanifa

00:52:46--> 00:52:54

he has less than number of Hadith in his narrations and his fatawa is because he was very strict when it came to accepting the narrations of the Hadith.

00:53:01--> 00:53:02

So basically, he explains

00:53:05--> 00:53:31

he explains this and he says, when it comes to him and the Hadeeth is questioned by him, and he then he so he may he prefers to make the Yes, he professed my PS rather than take Hadeeth that he questions are he's not sure of its authenticity. And when he finds a hadith that contradicts the general principles, or seemingly contradicts the general principles in Islam, he questions it, he questions it.

00:53:32--> 00:53:56

And this is known by the scholars of Hadith as Nakamoto Alan Matney there's nothing it's not this criticism or study of the it's not the chain of narration. And there is also not a method or the study of the text of the Hadith. Sometimes there's a hadith that when you study texts, you find there's something there. That's not right. So that causes you to question it more and study more and maybe you'll find a fault in it.

00:54:00--> 00:54:03

There's a very important incident here. And

00:54:05--> 00:54:09

it's actually worth mentioning it since we're talking about it. Even Abdullah bottle

00:54:10--> 00:54:26

he mentioned this. He said it was such a bonafide there's someone in a state of alarm had Anwar and he doesn't find his arm, the bottom towel, he doesn't find it. So can he wear his pants? Can you wear pants? He said no.

00:54:29--> 00:54:51

But he was he says no, he has to wear pants. So it says him but he doesn't find pants. He doesn't also he sorry. Abu hanifa says no, he was the result. He's not supposed to wear the pants. He was the is the sound but he doesn't have his arms. So but Neva says he sells his pants. And he buys these are the total the bottom towel.

00:54:52--> 00:54:59

So was said to him. The Prophet sallallahu Sallam said that the one who's in a state of harm if he doesn't find the easy

00:55:00--> 00:55:03

Are the bottom at all, he can wear his pants.

00:55:06--> 00:55:07

So I wonder if he says

00:55:09--> 00:55:52

this hadith is not verified to be authentic. So he already he had heard it. So this is, for me this hadith is has not been proven authentic from the Prophet sallallahu sallam, and ever he says when he couldn't remember in LMS me, and every person can only take from the Hadith that he is sure of what he is authentically heard. And that shows what is he says, What Sahaja indena He says, and it's authentic with us, and the Rasulullah Salah McCall Lal Basu surah we, as he says, we know for sure authentically from the prophets of Salaam, that one in a state of Islam person instead of how long should not wear the pants should not wear the normal clothes and the pants. So he says Fernanda he

00:55:52--> 00:56:07

LMS Ministry says we stand by what we know for sure from the Prophet sallallahu Sallam so what's said to him to hydrophone Libya song Salah, so do you contradict the prophets of Salaam? He said LA and Allahumma new Haleakala manually for Rasulullah sallallahu Sallam

00:56:08--> 00:56:19

be he Joakim Noah will be history. And he says May Allah scarcely upon anyone who contradicts the Hadith of the Prophet SAW Selim. He's the one through which, through which Allah dignified us and saved us from the hellfire.

00:56:20--> 00:56:32

So you can see he doesn't reject the Hadith. But he only takes the Hadith that he finds to be authentic. So he's very careful about which Hadith to take. The main hub of Imam Abu hanifa

00:56:33--> 00:56:42

mainly was written by his students. His focus was mainly documented by his students. And

00:56:44--> 00:56:49

there's a key taboo about the book of Allah Akbar.

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

And said to have around 60,000

00:56:55--> 00:56:59

masala like fixed 60,000 feet was all issues.

00:57:03--> 00:57:07

And there's another book as well that is ascribed to him and forget about that. So not either.

00:57:08--> 00:57:13

But this book is written by is mainly documented by his students. It's a book of

00:57:21--> 00:57:23

but as I said, most of the

00:57:24--> 00:57:41

method of the honey fell was mainly documented by his students. And the students who really stand out the main two students of Obamacare that stand out is Mohammed Hassan shibani will used to call the Abu Yusuf Ali Mohammed bin Hassan Shaban.

00:57:46--> 00:57:50

So their books are considered to be references in the Hanafi faculty main references.

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

by Abu Yusuf there is the book of Arthur Kitab Al Azhar

00:57:59--> 00:58:02

there's al Herat, which is the most famous by Abu Yusuf.

00:58:03--> 00:58:09

And he has a book a third book is tailored for Abu hanifa Wabi Sabi Reina, these are just for your information.

00:58:19--> 00:58:21

Mohammed bin Hassan shibani.

00:58:23--> 00:58:25

has many books and Jamal Kabir

00:58:26--> 00:58:30

Jamia sorry, we'll see I will caveat was Sierra Soria was the year that

00:58:32--> 00:58:33

and he also has the book and also

00:58:34--> 00:58:35

which is

00:58:37--> 00:58:39

one of his most important books.

00:58:43--> 00:58:45

The Hanafi madhhab

00:58:46--> 00:58:54

was mainly in Iraq, then it spread to the Persia, sub Indian continent.

00:58:55--> 00:58:59

And even the borders of China, the borders of China

00:59:00--> 00:59:20

and most of the non Arab lands, they adopted most of the non Arab lands that means the Turks, Asia Minor, some Indian continent, most of them they adopted the Hanafi method. So his methods because his students spread everywhere and they taught his method.

00:59:22--> 00:59:27

And also the method of Abu hanifa was taken as the formal method by

00:59:29--> 00:59:43

the Ottomans. A fella fella with money. So they obviously that led since it was the official madhhab affair. So that led to more of the spreading of the matter of Abu hanifa.

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

So generally speaking, that said when we say measurable, it doesn't mean all of it is from Abu hanifa. The principles the main issues are taken from Abu hanifa but later on, they were developed by the scholars. So when we say amen

01:00:00--> 01:00:34

Not saying we're not saying it's the opinion of one scholar. No, that's the work that started with a scholar, the Imam. And then it was developed was scrutinized was increased was enhanced by the students and the students and the students. When we say madhhab, we're talking about a school of thought, we're talking about a school of thought, we're not dealing with one person. And they might have more hanifa is one of the probably best examples of that. Because his student, a beautiful part of the UK had different fatawa, huge number of fatawa that are different from Abu hanifa. And what we have today is the Hanafi. Fifth,

01:00:36--> 01:00:52

not all of its traced back to Abu hanifa. But the principles Yes, they're taken from Abu hanifa. But a lot of the fatawa there, a lot of them are actually from Abu Yusuf and other himself from Abu Yusuf. And some of his fatawa are actually in contradiction to the fate of hanifa. And there's nothing wrong with this.

01:00:54--> 01:01:09

There's nothing wrong with this because I'm useful. Ali, obviously had some interest more than Hadeeth. So he would change some of the fatawa when he found a hadith that was not in line that we thought was not in line with it, he would change that. And this is what I want if I told them what I told them.

01:01:11--> 01:01:18

Okay, so generally speaking, that's what we had to say about Abu hanifa and his madhhab Let's move on to him and Malik

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

Malik was born.

01:01:26--> 01:01:30

Year 93 after his law so 13 years after about hanifa

01:01:31--> 01:01:35

and Abu hanifa, by the way, died 150

01:01:36--> 01:01:44

of hanifa died, your 150 and that's the year most likely mama chef it was born. So mama chef here was born the year of hanifa died.

01:01:47--> 01:01:52

Mr. Malik was born 93 and passed away 179

01:01:59--> 01:02:00

Mr. Malik

01:02:05--> 01:02:08

lived more spent more time in the basophil alpha.

01:02:10--> 01:02:12

more time with our best philosopher.

01:02:16--> 01:02:26

Imam Malik was born in Medina. He grew up in Medina, he comes from an an Arab origin. He comes from an Arab origin.

01:02:27--> 01:02:33

And he's cabello. his tribe is the US from Yemen, originally, the asper from Yemen.

01:02:39--> 01:02:48

So he was born and raised in Medina, he lived most of his life in Medina. He didn't seek knowledge outside of Medina, except for the some travels that he when he went to Morocco or something.

01:02:50--> 01:02:58

So he was influenced greatly by men Hajj, Hadith, or the school of thought of Al Hadith.

01:02:59--> 01:02:59

Okay.

01:03:00--> 01:03:14

By the way, that's not what you will know in India and Pakistan, today's ad, right. That's a group in India and Pakistan. It has a lot of similarity. Yeah, it draws on the same principles, but we're not talking about them.

01:03:15--> 01:03:28

At the time, it was mainly in hijas focus mainly on the text and the Hadith, and not resorting to opinion. And two, he had a lot in contradiction to the, what was in Iraq,

01:03:29--> 01:03:33

which were more in line with making use Jihad and using reason.

01:03:36--> 01:03:39

So remember, from a young age, he memorizes, the Koran.

01:03:40--> 01:03:53

And he sat with the scholars, and he learned from one of the main scholars of Medina, Abdul Rahman Ibn hormoz, Abdul Rahman, enormous that's probably his first teacher. This is first to john probably the main teacher as well.

01:04:05--> 01:04:13

And then he learned from NASA, Nola, in the 70s when the you know, NASA is one of the

01:04:15--> 01:04:16

great scholars of Medina.

01:04:18--> 01:04:25

And he took from he have his story. He took from he have his own, he learned from him a lot.

01:04:28--> 01:04:30

And he also took from Adobe.

01:04:32--> 01:04:36

Adobe, I was known as Robbie Atala, he will be at ally.

01:04:41--> 01:04:55

There'll be I thought I used to ask sigh diplomacy, as I said to him, I mean, I had a rough day and Are you from Iraq? This is what he's called arrabiata. Right? He has a little bit of opinion and reason, because he used to question things.

01:05:02--> 01:05:11

And he also took from the army of the judge of Medina, the main judge in Medina Ansari, a very well known scholar scholar of Hadith.

01:05:14--> 01:05:18

And he took from the seven fuqaha of Medina

01:05:19--> 01:05:25

also in his teachers took from the seven four out of Medina, his teachers took from the seven four core of Medina.

01:05:28--> 01:05:43

So we said if you remember that the threat of Medina all gathered in Amman Malik, it was like the melting point of all this code was handed down. And it was combined in one person in my medic.

01:05:49--> 01:05:52

So in my medic, we said that he said majilis to

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

lit Idris he had shahida de una in Mineola in Medina metromedia.

01:06:02--> 01:06:08

He said, I did not seek to teach until 40 of the scholars of Medina gave me permission.

01:06:14--> 01:06:33

Mr. Malik was mainly he didn't he did not like have a dual business or have a job or anything. Basically, he lived a very, very basic level. But he had a brother called another and he used to do business and trade. So we mathematically you know, do a little bit of business with him.

01:06:34--> 01:06:37

Do a little bit of business with him and they used to sell and buy.

01:06:39--> 01:06:41

Shown but yeah.

01:06:43--> 01:07:04

So it was his brother. So he used to probably buy some shares with his brother, his brother would do the business and that kept him to survive. Mmm Malik was known for his sense of serenity and respect. So he was known for Sakina and waka, Sakina and waka. So he had a lot of respect and a sense of all that people had towards him.

01:07:05--> 01:07:07

And he would not speak a lot.

01:07:11--> 01:07:34

And it was mentioned Imam Malik, every time that he would teach Hadith. He would oil his hair and comb it and his beard and he would wear the best clothes. He says because I am teaching the Hadith of the Prophet sallallahu Sallam I have to be in the best shape. So used to foil his hair and and wear perfume and wear the best of his clothes.

01:07:35--> 01:07:37

Every time he taught Hadith

01:07:38--> 01:07:41

for Canada tiziano Devi, okay.

01:07:44--> 01:07:46

He went through some hardships

01:07:48--> 01:07:50

because he was accused of

01:08:03--> 01:08:04

was accused of something.

01:08:09--> 01:08:13

But something that has to do with a fatwa. But anyway, and he was

01:08:20--> 01:08:23

he was actually tortured and some stage

01:08:24--> 01:08:29

his shoulders got pulled from opposite sides. To the extent that he could not even put his hands

01:08:30--> 01:08:39

here when he prayed. So he put his hands down. He could not hold them. So his shoulders got pulled.

01:08:40--> 01:08:43

Okay, so that caused some damage to his

01:08:44--> 01:08:54

shoulders and arms, so he could not push his hands. And this is why some of the mannequins until today, not all of them some of the Maliki followers and veliky madhhab. If you notice, sometimes they pray they put their hands down.

01:08:56--> 01:08:59

Okay, sometimes they put down some of those people put their hands down.

01:09:07--> 01:09:07

Okay.

01:09:09--> 01:09:14

Remember Eric, as I said he took from the Imams of Medina and his general message was

01:09:15--> 01:09:38

basically that the Quran and the Sunnah it takes from the Quran, and the Sunnah. But for him, there was a very important thing, which is Amadou. Medina what added Medina are the residents of Medina were upon because for him, that's the city of the prophets of Salaam. That's where the scholars were, that's where the companions were, the majority of the companions were. So what they were upon was what they learned from the Prophet sallallahu alayhi wasallam.

01:09:40--> 01:09:46

Mr. Malik had a very great interest in Hadith. So he compiled his book and more

01:09:47--> 01:09:59

and more, and we said it was a moto was a collection of ahaadeeth fatawa from the companions fatawa from a Tabby in and a little bit fatawa sometimes from him his own opinion, his own opinion. So that was

01:10:00--> 01:10:02

More thought of an Imam Malik

01:10:07--> 01:10:22

and just show you how Imam Malik adult probably the more thought is the oldest Complete Book of hadith of that size like big collection of ADF. And that size that was maintained until today.

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

I survived until today

01:10:27--> 01:10:37

How am I medic dealt with differences, Eman Malik was aware that people in Iraq had a different filter. So halifa Abu jack Solomon, so

01:10:39--> 01:10:40

he asked him to make

01:10:42--> 01:10:43

the book

01:10:44--> 01:10:50

or the like the constitution for the, the Muslim khilafah for the caliphate.

01:10:51--> 01:11:03

And he said but in Iraq, they have a different kind they don't understand they don't accept my our fit. They don't accept our So, he refused. He refused, he refused to force people to follow his own

01:11:04--> 01:11:16

understand his own book his own understanding his own, he said people have because he's not talking about people talking about scholars, he says there are scholars there and they have a different understanding they have a different factory. So how can I impose my offset on there?

01:11:18--> 01:11:21

So he actually refused that

01:11:22--> 01:11:24

even object for a month so

01:11:25--> 01:11:28

you can see this statement was actually

01:11:29--> 01:11:30

requested from him

01:11:35--> 01:12:17

yes Abu Jaffa masala asked Mr. Malik he said ilmiah Abdullah element widen the knowledge of the people be one this combined people upon one understanding. So Malik said to him in US habit also relax Taku feel be ready for after cologne fiasco the Hebrew Maha said the companions of the Prophet SAW Selim dispersed over the lands, the spread over the lands. So each one of them in their own time. They gave a fatwa based on their assessment of the situations they dealt with. Were in a reality huddle. bellet a mecca Odin he said for the people of Mecca here, there's an opinion or there is a fifth one. And for the people in Medina, there's another fifth one, if you will of Iraq,

01:12:17--> 01:12:19

they have another opinion about the same issue.

01:12:23--> 01:13:08

Attack delfy hit our home anyway, for call. So the halifa said Jeff romaso, it seems that he met him American Mecca. So he said to him, as for the people of Iraq, he said Mr. Akbar lumen home sofinnova Allah, if Allah said as for the people of Iraq, I don't accept anything from them. That's the very first step. So he said for while in NASA, so get people put the knowledge for people to take it. So Malik said to him in Iraq, Leona Illumina, he said, the people of Iraq, they don't accept my knowledge, our knowledge here in Medina. So the halifa Jaffa said to him, Eudora Bahia matome besafe, he said, we will force it upon them on sort point, that we have to accept it when

01:13:09--> 01:13:15

we see it and we will, like lash them and whip them by force, make them hold on to it.

01:13:16--> 01:13:18

But in my mind, if I refuse to do this,

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

remember, Eric

01:13:22--> 01:13:27

spent a lot of his time a big chunk of his time writing his book, and Martha.

01:13:32--> 01:13:33

Anyway,

01:13:36--> 01:14:11

the photo of Mr. Malik, if at all, Mr. maryk, where Mr. mag did not write his own photo, I did not write them down, but they were written down by his students, by his students. And this is why we have what we call a modal winner. And Madonna, basically has the fatawa Malik written down. Furthermore, the more Allah subhanaw taala wrote acceptance to this book, GitHub alone on COBOL. So was it spread and spread and people made copies of it and studied it and benefited from it. And

01:14:12--> 01:14:25

it was narrated by some of his students and his wife, sometimes we have little variations. So we have now two versions of our motto, they're pretty much the same, but there are some differences. So let's say around

01:14:26--> 01:14:38

75 80%, they're the same but in that 20% there are differences, some additions and another one. So we have one that is reported. And interestingly by Mohammed bin Hassan Shivani.

01:14:41--> 01:14:44

Hamad bin Hassan Shivani who is the student of Abu hanifa as well

01:14:46--> 01:15:00

and Imam Malik and hammock but hasn't shaved anywhere very good together. Very good. So, Mohammed Hassan shibani, studied with Abu hanifa and then he moved to Medina first

01:15:00--> 01:15:13

He met a man medic in Mecca. Then he moved to Medina in order to learn from him so he learned from him and medic, and he took from him is more. So one of the versions or additions that we have on wattpad is narrated by Mohammed bin Hassan Shivani.

01:15:14--> 01:15:18

And the second version we have is from yah, yah, yah, yah, lazy.

01:15:19--> 01:15:21

You have been a lazy

01:15:23--> 01:15:25

and this is probably the most common today

01:15:26--> 01:15:31

rewire motto by recently the last couple of 10 years probably

01:15:33--> 01:15:49

there's a collection that came the motto according to 11 narrations, 11 additions, so some of the like the manuscripts were found, where they have they managed to get them probably 11 versions of Walmart, but as I said, they're very close to each other small variations here and there.

01:15:58--> 01:16:00

Which the one we had in Egypt

01:16:04--> 01:16:17

No, that's a lithium and said, I liked him and said is different. Everything inside is different. And the lithium inside had they used to exchange he used to exchange letters with Imam Malik, because they lived at the same time.

01:16:18--> 01:16:21

So they used to give advice to each other.

01:16:23--> 01:16:23

So

01:16:24--> 01:16:36

the mathematics was written down by his students. And they were collected in what we call a model one and model one means more of a compilation, it's a compilation

01:16:38--> 01:16:39

and it was written

01:16:40--> 01:16:49

by assetbundle for art by acid been alpha asadmin for I took it from the students of,

01:16:50--> 01:16:53

of Lima Malik and he put all these fatawa together.

01:16:55--> 01:16:58

And he himself actually made him a medic and he

01:17:02--> 01:17:05

he met him a medic Yes, he said with him and Malik.

01:17:12--> 01:17:28

So the way he collected in Moodle wanna was that he met Mohammed bin Hassan. He went to Iraq. After the death of Imam Malik. He went to Mohammed bin Hassan shibani and took from him everything that he learned from Imam Malik all the fatawa. Then

01:17:30--> 01:17:32

he went to

01:17:37--> 01:17:46

he went to Egypt and he met a man when al Qasim and other students of Eman Malik, and he took from him all the fatawa that he learned from him and Malik.

01:17:51--> 01:17:52

And then he took all of this to

01:17:54--> 01:17:55

Tunisia

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

to North Africa, Tunisia to Taylor one the city of Oklahoma.

01:18:02--> 01:18:21

And then it was copied by a man called sandstone. Okay, also known, San Juan also known. That's the model one that we have today. It's his copy. It's his copy that we have there was the main script for that.

01:18:24--> 01:18:25

Okay.

01:18:27--> 01:18:32

Now the general features of madhhab of Imam Malik, first of all,

01:18:34--> 01:18:37

it was the Quran is the main source of legislation.

01:18:41--> 01:18:48

And obviously, number two is the sooner the Hadith. The Hadith is the second source of legislation.

01:18:49--> 01:18:52

But Imam Malik being a scholar of Hadith.

01:18:54--> 01:19:11

He was very careful about which headings to take, but which had to take and he had knowledge about the region, he had knowledge about the narrator's of Hadith, and very specific, very good knowledge of the narrator's of Hadith. And he's considered like if you go to the books of variedad, you will find a lot of comments from him and

01:19:12--> 01:19:18

a lot of comments from romantic as to which had to be accepted. She was considered one of the main scholars of element region.

01:19:23--> 01:19:42

The third feature of women maddix method is Mr. Medina, as we said, so for him, whatever the people or the residents of Medina we're upon for him that was a main source of legislation. Not that it initiates legislation, but it explains how we understand the Quran and the Hadith. So he would see how did Medina

01:19:43--> 01:19:57

deal with this verse? What do they take from it? How do they implement it? That's for him to understanding. Okay, so for him, the I'm Adam Medina, what Allah Medina we're upon, puts the Quran and Sunnah in the right context for him.

01:20:01--> 01:20:12

And then the statements of the companions. That's number four. The statements of the companions occupied a very important position in the field of human knowledge. So what the companions agreed upon he would take this

01:20:14--> 01:20:23

but if they had conflicting or different statements, he would take the ones that are closer to the Quran and the Sunnah in his assessment

01:20:30--> 01:20:38

something very important about a fifth of Imam Malik is something called al masala masala open benefits

01:20:39--> 01:20:45

as a massage and masala is a big feature of his method and Masada Halle masala

01:20:48--> 01:20:53

and masala masala means anything that is good

01:20:55--> 01:20:57

for him is part of Islam.

01:20:59--> 01:21:18

Anything that's good and beneficial, inherently good and beneficial to human beings. For him, this falls under Islam enjoins what's good for kids? What's evil, anything? That's good. So this is why and actually it's from this feature that the science of Mufasa does Sherry I was born

01:21:19--> 01:21:21

the objectives of Sharia

01:21:22--> 01:21:45

and this is why the first one to establish the science and right in it and documented and systemize it was an amount of sharply an Imam shout to be a mama shelter beat was a madikwe he was medically scholar, Mama Shelton, and it's based on the Masonic masala, the principal this important principle in metabolic magmatic and masala Hamas has opened benefits.

01:21:46--> 01:21:54

for him. This was the main established or the main Cornerstone in the building of the science of

01:21:55--> 01:21:56

science.

01:22:03--> 01:22:04

For example,

01:22:06--> 01:22:11

there was an issue that a fatwa that was presented to Imam Malik suffren

01:22:12--> 01:22:14

very expensive suffering

01:22:15--> 01:22:17

is to be brought from Persia.

01:22:19--> 01:22:33

At his time, it appeared that some merchants came up with a bogus saffron fakes are from and they were selling it in the market. So some of them were caught. So the federal came to him and Malik what to deal with these people.

01:22:34--> 01:22:40

Okay, so we have suffering, we it's in their possession, they have it in their stores in the storage rooms.

01:22:42--> 01:22:47

What should we do with this? The federal law, the common federal at the time was it should be taken and destroyed.

01:22:49--> 01:23:02

It should be taken and destroyed was now bogus suffering wasn't good enough. But it was like a very low quality but still was some kind of suffering low quality stuff. In my marriage opinion was not don't destroy it.

01:23:03--> 01:23:09

Don't destroy it. The destruction of it was basically a punishment for these people for merchants. So

01:23:10--> 01:23:20

was a deterrent factor that anyone who buys or gets this kind of low quality suffering would be confiscated and destroyed.

01:23:21--> 01:23:54

Mr. Merricks opinion was no confiscated taken from them and give it to the poor people. So they benefit from it because they don't get anything so so that's masala masala open benefits. So, whatever there is something any beneficial choice he would actually go for it and he would consider it to be part of Sharia. Because sherea for him, was sent down to bring about good and maximize good and reduce harm and evil. So whatever falls under this for him, was considered to be part of Sharia. This is a masala masala

01:23:59--> 01:23:59

then

01:24:01--> 01:24:17

a less important feature of his method was LTS analogy. So he would use LTS when there is no text on the issue from the Quran or the Sunnah. No statement from a companion, then only then he would use a US analogy.

01:24:21--> 01:24:36

So for example, one of the top of Eman Malik was if a woman was going to have menses, and then she became clean and there's no water for her to make a Muslim. She has to make awesome after a menses Can she make to mom?

01:24:37--> 01:24:40

There's nothing in the Koran about this. Nothing in the Sunnah.

01:24:41--> 01:24:56

Okay, he doesn't know and he for him, not nothing from the companions came about this. So he was asked What should she do? He said we may play us if she's job if she's in a state of impurity in Geneva, no water. The Quran states that she can make a mo

01:24:57--> 01:25:00

This is similar to this. So we

01:25:00--> 01:25:09

Make an analogy here, a man says is we consider it similar to Java. So she makes to your mom, she doesn't find water. And then that's it, she can pray.

01:25:10--> 01:25:27

So that's one of the issues of class. Another important issue with a feature of his method was he said the air blocking the means to how long said desire.

01:25:28--> 01:25:32

And this is a very big thing, and it has to do with us. And by the way, if something is Helen,

01:25:33--> 01:25:37

but if you do it, you are more likely to slip into the harem.

01:25:39--> 01:25:41

He says, How long?

01:25:43--> 01:26:11

He says that's how long even the lol becomes how long? Why? Because it leads to how long it leads to how long and there are so many things in Islam that are actually and this caused the classification in the In fact, as to have Raimondi that he or Mohammed Ramon said then Lithuania, Lithuania, the things that are Haram in Islam, this is something that's known now among the scholars. It's either Haram in and of itself, because it's evil like Xena.

01:26:12--> 01:26:14

Xena fornication is how long

01:26:16--> 01:26:17

in and of itself.

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

But

01:26:21--> 01:26:22

shaking a woman's hand.

01:26:24--> 01:26:27

Mohammed Rahman said then live very, very as not Haram in its own

01:26:29--> 01:26:31

mixing between men and women originally.

01:26:32--> 01:26:40

It's not supposed to be heroin. But it was made Haram in Islam. Islam considered it to be Halong. Why?

01:26:41--> 01:26:56

Because it leads to Zina. Ultimately, not necessarily in every case. But when there is more mixing, you will have more Zener so this wire was made heroin. Same, same thing shaking the hands of the opposite sex

01:26:57--> 01:27:30

originally, okay, it's not how long and by and of itself because of itself? No, but it was made how long in Islam? Why? Because it leads to more mixing. It's okay, touching the hand of a woman could lead some people to falling into Xena. So this is why it was made heroin in Islam. So what you everything you find in Islam, it's either how long because of itself, how long only that he or it is made, how long? because it leads to how long although there is some benefit in it.

01:27:31--> 01:28:16

Okay, now, I'm not saying now what is made, how long because it leads to how long now it was made, how long that this is something that's not mentioned in the whole understanding. I know there are many things that are made Haram in the Quran and the Sunnah were made. So why because they lead to something haram because they do something wrong. So Muslim in Islam is two types. haram only that he Mohammed Rahman said then lead very small heroin. Either heroin by itself because of its own nature. It's evil, or it's heroin, because it's not necessarily are inherently evil. But because it leads it's most likely to lead to heroin. So this is why it was made heroin. Why is this classification?

01:28:17--> 01:28:21

It's important because the scholars for example, say

01:28:23--> 01:28:27

Masha Rima said then live very ob hallel hajra.

01:28:28--> 01:28:38

What was made how long not because of itself, but it was made how long because it leads to how long leads to greater how long when there is no need, it becomes heroin.

01:28:39--> 01:28:42

When there is difficulty, it's made heroin

01:28:46--> 01:28:47

it's made Hello.

01:28:48--> 01:28:52

But what is how long by itself can only

01:28:53--> 01:29:01

you know it can only committed you can only fall into it when there is a state of necessity necessity means there is death.

01:29:03--> 01:29:09

There is death. So there is borrower necessity and there is hajer some basic need some normal casual need.

01:29:11--> 01:29:13

Okay, is this point clear?

01:29:14--> 01:30:00

Okay, so when something is haram, by itself, we only can be like committed or taken or used in extreme cases. In extreme cases, when someone's life is on the line when someone's honor is on the line with some great some extreme hardship. But what is made haraam said then live very high because it leads to harm. Then when there is some casual need a level a great level of discomfort, not necessity, a great level of discomfort, then it's we we make a concession then we make a concession that okay, this is why this call us today. They say for example, shaking a woman

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

Hand,

01:30:01--> 01:30:30

shaking a woman's hand, they say you don't shake woman's hand. But if you get into a position, let's say your meeting, Lucky happened one day in Europe and believe in Holland, that was a member of a Masjid. And it was a huge big celebration for the Muslim community and the Prime Minister came in, she was a female. And she extended her hand for him to shake it. And the whole of Holland was watching this. And the guy pulled back his hand the man.

01:30:31--> 01:30:56

We appreciate his sense of righteousness. But it was like a slap on her face. She took offense. And like it created a lot of negativity about the Muslim community, we're not saying go and shake woman's hands, while that's close to them when they are asked, and if you ask them, and the most By the way, the most strict scholars ask them today, they say don't shake woman's hands. But if you get in a position where it's very uncomfortable, and a woman extends her hand,

01:30:57--> 01:30:59

then you shake your you shake your hands.

01:31:02--> 01:31:12

That's the first word of some of the scholars that some people consider to be extreme. But for me, I see these people to be scholars to be trying to hold on to the Quran and the Sunnah.

01:31:13--> 01:31:26

So we have to be careful about this. So the harm in Islam is not at the same level is not at the same level, this feature of a man Malik's madhhab this feature was very apparent in mathematics.

01:31:28--> 01:31:29

For example,

01:31:35--> 01:31:57

Abuja foreman saw as leafa he wanted to demolish the cabinet and build it, as the prophet SAW solemn wanted to on the foundations of Ibrahim because the Kaaba is not the same original shape of the cabinet is not the shape we know today. You know, she just made that curve. That's a wall of a cabinet originally. So the cabinet supposed to take that shape?

01:31:59--> 01:32:02

The professor seldom said the term shadowland nicomachea.

01:32:03--> 01:32:06

The media helliya led them to Kava

01:32:08--> 01:32:10

whatever we need to highlight our ID Ibrahim,

01:32:11--> 01:32:28

this person said to Ayesha had it not been for the fact that you your people, basically the Arabs have just come out of jail? Yeah, I would have demolished the cabinet and rebuilt it upon the foundations of Ibrahim and the real shape of it. So

01:32:29--> 01:32:45

Jeff Harmon so wanted to do that. So he consulted the man Malik. What do you mean Malik say man said and should and should do Kala? Yeah, I mean, a lot more meaning. He said, Oh, I mean, an Archie for the believers. I asked him by Allah. Don't let lethargy

01:32:46--> 01:33:00

have that Bateman. ibutton. Lil mo Luca de la dama, dama, Nova Yahoo, Illa, Yahoo, Fatah boy Beto, homina, lube, Nakuru, Venus is O, all chief of the believers, I asked him by Allah Don't do this.

01:33:01--> 01:33:12

Because I'm afraid the Kings after you will take more liberty. Each one is going to change the Kaaba as they wish. And they will become more like a play more like a toy

01:33:13--> 01:33:31

to play with. So people will lose respect for the house of Allah every time is the minute it's easily demolished and rebuilt. So please don't do this. So he basically considered it for him to be how long to do this, although the person wanted to do it. Why? Because it's going to lead to hell.

01:33:32--> 01:33:38

It's not only something Helen, it's something that is actually highly recommended, highly recommended.

01:33:40--> 01:33:45

But suddenly very hard to block that as a means to more evil. He said, don't do it.

01:33:46--> 01:34:20

No matter who you are Malik spread mostly in North Africa until today, mainly in North Africa. So was taken first was in Medina, it was more taken a little bit into Egypt, and then mainly in north and it was mainly by Shannon, who took it. And we remember Madonna was based basically documented mainly by stuff known and became popular. So it took root in North Africa. And that's why now we see most of the mclibel Lb are Maliki's.

01:34:21--> 01:34:29

And then it was in an envelope as well in Al Andalus. So it took root in Spain.

01:34:37--> 01:34:38

Anyway,

01:34:39--> 01:34:49

so Shannon is the main one who spread the mother hub. And it was also in Egypt. There was Indian magic one in Egypt as well.

01:34:55--> 01:34:57

Yeah, that's it. Basically

01:34:58--> 01:35:00

Sicily as well was upon

01:35:00--> 01:35:02

The when it was a Muslim land,

01:35:03--> 01:35:03

it was upon the

01:35:05--> 01:35:06

miserable Maliki.

01:35:07--> 01:35:19

And in Iraq a little bit, it appeared the, the Maliki might have appeared there. But then it it didn't last for long. It didn't last for long. So it was made in North Africa and

01:35:20--> 01:35:36

Spain. So that's the mother woman Maliki. I think it's enough for today. inshallah, next time, we will cover, Imam Shafi and his mother have been humbled, and his mother. As for the, I believe, most of those who suggested

01:35:38--> 01:36:03

topics for research, we approved of the research, and this is a good research, industrial animal farming, do we only remember to make it as slaughter, looking at the principles of Islam, not only about the slaughter, but how we deal with animals before that as well. It's a very good thing. I think that's something that's really needed. We need to address that today. So I think that's a very good

01:36:04--> 01:36:11

I looked through it. It's a very good martial law topic. So go ahead with Marshall. Excellent.