Four Imams And Their Principles Of Fiqh 02

Navaid Aziz

Channel: Navaid Aziz


Topics: Fiqh

Episode Notes

share this pageShare Page

In this 2nd Episode of the series Sh. Nazaid discusses The Principles Of Fiqh of Imam Malik Ibn Anas.

Episode Transcript

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

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


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

might know him in the company that he wants to talk to when

00:00:07--> 00:00:08

Dr. Medina

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

or Sedona

00:00:14--> 00:00:25

calahonda Mohammed Abdullah Rasulullah sallallahu alayhi wa ala alihi wa sahbihi wa sent a message the Sleeman kathira Oh, my God, my dear brothers and sisters is Salam alaykum warahmatullahi wabarakatuh.

00:00:27--> 00:01:11

So tonight we'll be discussing the solid principles of Eman Malik Rahim Allah Tada. And as he concluded last week, I said that you cannot separate spirituality from filk, you cannot separate duck law from the practical application of our faith. And I want to start with that when you look at the mathematics in particular, there's three stories or three incidents that really define his intellectual humility, which I believe allowed him to excel as a scholar in Islam. And these stories are so integral to the development of his method Sharla number one, is that the story of a mathematical him Allah, when that man came to him from him and and asked him, you know, up to 50

00:01:11--> 00:01:48

questions, and for over half of them the mathematical formula, he said, I don't know. And the Yemeni man, he was shocked, he is perplexed. He's like, you're meant to be the amount of knowledge that you're meant to be the Grand Mufti of our faith. And you're telling me I don't know. And he says, if the people ask, you tell them that Malik said, I don't know. And this is where that famous statement came about. That saying, I don't know seeing that I agree, is half of knowledge, meaning you know when to respond, and you know, when not to respond. And when an individual is able to identify that within them themselves. They realize what their shortcomings are, and thus are able to develop on

00:01:48--> 00:02:28

that. Number two, was the hard work that Mr. Malik Rahim Allah put into studying this faith. In mathematical law, he came from a very wealthy family, as we discussed in the introduction, on the Friday nights, we mentioned that when he passed away, he had 500, different types of sandals, 1000, turbans, you know, a magnitude of things, get even medical him although when he was a student of knowledge, he would go and wait at the door of NAFTA, the free freed slave of dolla dolla, and when NAFTA would come out, regardless of where he was going, he would accompany him, he's going to the market accompany motor domestic company going somewhere else accompany him, till he got to that

00:02:28--> 00:03:05

destination that he would leave him. So he would ask him those questions, particularly what were the opinions of the companions? What are the particular opinions of Omar Abdullah on these issues? So the hard work and dedication he put in, and him humbling himself that he's standing at someone's door, even though you know, he's not in No need of it, to seek knowledge, again, exemplifies for his mother and for his students, what is needed to become a student of knowledge. In fact, one of the statements in our medical model and what's attributed to him, he says that you will only become a student of your teacher, after you've studied with him for 30 years. I want you to think about that,

00:03:06--> 00:03:44

who studies with a teacher for 30 years? You know, even when I studied in Medina, the longest I study with a particular teacher was five years, like study for 30 years, you're dedicating, you know, for some people over half your life to it. But he said, that's the only way you will become a true student of your teacher. The only way that you will recognize what his strengths and weaknesses are, is if you dedicate that amount of time. And the third story or the third incident that defined the knowledge of mathematical and moral law, is not wanting to set new legal precedents. My mother in law did not want to set new legal precedents. How did he do this? And what does that mean? Number

00:03:44--> 00:04:21

one, before any mathematical formula became Mufti of Medina, over 90 of his teachers, or 70 of his teachers, gave him permission to give fatwa, meaning that he sought permission from his teachers. You know, am I ready to give birth walk once 70 of them or 90 of them give him permission. He started giving fatwa, he started giving fatwa. And another thing that Imam Malik, like, moreover, that he was known for is that he would never give a legal opinion. And he would tell his students do not give a legal opinion, except that you have found someone that preceded you in that opinion. So that will give a legal opinion except that you've found some that's preceded you in that opinion,

00:04:21--> 00:04:59

meaning that his mother and you'll come to see is heavily dependent upon the scholars of Medina, there's this whole concept of Medina the actions of the people of Medina, that we'll discuss, but he was so you know, heavily based on that. And I think that is such a beautiful principle to base our own faith based jurisprudence on that every time you speak of something every time you study something, hey, who else did this opinion before me? Right, which credible source of Islam of this opinion before me with that, having said that is moving into the actual principles itself. I gave you introductions and definitions last week for a lot of these things, so they will not be repeated

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


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

Repeat it with those of you that missed the class, you can go to YouTube and watch it, we're just going to continue building on from where we left off. So the first thing we'll be discussing is the core art and how the magnetic

00:05:12--> 00:05:49

approached it. So in my medical law, he approached the Koran with the eye of submission, as opposed to the items debate. And this is very important to understand, particularly in our context today, particularly when you deal with orientalists. as Muslims, we approach the Koran with the eye of submission, that we believe that everything in the Quran is authentic, and we have to submit to everything and everything is true. And this is part of our faith. But from a orientalist perspective, when they look at the Koran, they approach it with the eye of debate. Now from a scholarly perspective, sometimes we forget to reconcile the two that will start to debate before we

00:05:49--> 00:06:29

submit, as opposed to submitting before we start to debate, the mathematical formula, he always emphasized the importance of submission submission to the Quran, before you debate the Quran meant by debate, understanding the complexities of it. Number two, and opposing the understanding of the Quran. He always said the primary source of understanding the Quran is the sinner. In order to understand the Quran, you have to return to the cinema. So there's the exemplification, or the manifestation of the understanding of the Koran. And that is how you understand understood the Koran when it came to taking, you know, biblical and Judaic texts. In relation to the Koran, Mr. Malik

00:06:29--> 00:07:12

heavily disliked it, he did not like using the poor are using biblical texts or using, you know, Judaic test texts to understand the Bible. And this is something that was heavily disliked in his letter. Now, this is where we'll introduce something new or something, a new understanding that mathematical model abroad that was infuriated, but was understood prior to him and that was the differentiation between Avaya and NUS. So, when you approach language, there are certain things that are so explicit, that is not possible to have a difference of opinion, but there are other things that are not of you know, that level of being explicit, and this is what vile hiddenness is in the

00:07:12--> 00:07:57

Arabic language. So, to give you an example of something that is nice, when I tell you stand up, no one will understand from it that I should sit down or I should jump or I should start walking. When I say stand up the only understanding you can derive from stand up is to stand up in the Arabic language and in Australian folk, this is called NUS, this is what is called nos. Then you have another type of commandment or another type of prohibition, which is called via, which is called vibe. And what void means is, there are two possible interpretations, but preference is given to one over the other. So void means that there are two possible interpretations, but preference is given

00:07:57--> 00:08:04

to one over the other. An example of this in the core pod, is when Allah subhanho wa Taala talks about

00:08:05--> 00:08:44

the ADA of a woman after she has been divorced. Allah subhanaw taala talks about poodle and then the two possibilities the scholars gave is either This is the period of menstruation or this is the period of purity that comes after the ministration and the scholars give preference to one opinion over the other. So the opinion that they give preference to this is known as volume This is known as the vibe. And this was something that the mathematical akinola even though he did not write a book on a pseudonym filk is was one of the first scholars to all read this understanding of the Koran that the Quran is divided into that which is divided and that which is not.

00:08:45--> 00:09:14

We move on to the Sunnah of the prophets of Allah it was similar in terms of the Sunnah of the prophets of Allah It was said that he understood that the Quran has many levels of understanding as we said that this is vital and that which is not. So the tsunami played a very important role in understanding the Quran for mathematical Allah. So have a clear example that the mathematical him Allah gives himself of the Sunnah explaining the Quran is the worst in certain.

00:09:15--> 00:09:52

Six years number six, verse number 82. What Allah subhana wa Tada. He says, when the Vina Armando with me and Vishnu, imagine the thought that those people that believe and did not mix their faith with oppression. So total oppression over here is very, very vague. So the sobre la jolla, Juan de retorted, yada so a lot who amongst us does not do a form of oppression. So you probably saw a lot while you've seen them explained over here that determined the vote over here means to commit schicke to associate partners with Allah subhana wa Tada. And as long as you don't do that, then you have the benefit of the verse which is to live in security and to live in peace, right. So here the

00:09:52--> 00:10:00

Quran, the Sunnah, clearly explains what one ambiguous term in the Quran means. And this is what Mr. Maliki used the simple

00:10:00--> 00:10:36

primarily for in terms of the Quran, he used it to explain the Quran as much as possible. And thus he divided the four on. So he divided the Sunnah of the prophets of Allah, it was set up in explaining the Quran in three ways, the sooner will explain the four and in three ways, way number one, and this is I was telling the students earlier, there are a lot of notes, there are a lot of details in today's class. So I need you guys to engage and I need you to guys to take notes inshallah. So those of you that are, you know, willing to learn, as I emphasize, you're not going to learn unless you take notes. So please keep that in mind, particularly with today's class. So the

00:10:36--> 00:11:19

first goal of the certain unexplainable Koran is that the sooner shows the intention of the Quran, as well as limiting some things which are unrestricted, and giving details which are undefined. So it shows the intention of the Koran shows the limits of those things that are unrestricted. And as well as defining some and giving details on those things that are undefined, giving details on those things that are undefined. And that's one of the examples that we just gave was a verse from sore thumb, and that was number one. A second example of this can be when Allah subhanho wa Taala tells us to pray, the Quran doesn't tell us how to pray. But the sooner comes and gives us the details of

00:11:19--> 00:11:23

the prayer, the sooner comes and gives us the details of the prayer.

00:11:24--> 00:11:25

That was number one.

00:11:30--> 00:11:30

Number two.

00:11:40--> 00:12:17

Okay, I'm going to jump to number three, and then show what they remember number two, I'll come back to it. So the third way that the sender explains the call, is that the sooner compliments the Koran, in its judgments in those things, whether that that the Koran stayed silent about so when the Quran stayed silent about something, then the student of the prophets, Allah while you sit up comes to explain that comes to explain them. An example of this is the mathematics position on rendering judgment with only one witness and an oath, when they claim it does not have two witnesses. So in Islam, the general ruling is for every business contract, you should have two witnesses in the

00:12:17--> 00:12:54

incident, that there is a dispute and you only have one witness, what are you to do at that time. So the purpose of a lot of it was set up Sallam he talks about when you mean that he talks about, you know that the burden of proof is upon the claimant, as well as the taking of the oath. So in this sort of situation, he seems to have eaten the Prophet salallahu alaihe salam, and implement it in the situation with the unseen servant. The Quran didn't tell us what to do. If you don't find two witnesses, what should you do at that time. So in my mind, I use the sort of the promise of a low value setup, and an incident where the Koran stayed silent. And he said in that situation, one

00:12:54--> 00:13:03

witnesses enough, but he has to take an oath as well. And that oath will suffice for the second witness or the second witness.

00:13:06--> 00:13:48

Now, we discussed last week with the water that I had, in my medical himolla the way he approached a Hydra Heidi, is similar yet distinct from the way that Imam Abu hanifa Rahim Allah approached it. So according to Malik, however, if the sooner is not supported by consensus, the practice of the people of Medina or analogy, than the text must be taken literally, and any sooner which contradicts the liberal text is rejected, if it is transmitted via a single tradition. Now for let's understand what this means. So according to Malik, if the I had seen them in in the covenant I had, is not substantiated by three things, either through each mouth mean as reported before it. Or number two,

00:13:49--> 00:14:27

the actions of the people of Medina that he doesn't see the people of Medina acting upon it, or there's a valid class that can be made upon the core and then the couple had will be rejected, then the couple of 100 will be rejected. Now, I want you to think about this for a second, we're jumping up a little bit, why would imagine nine o'clock mohalla reject covering a height based upon one of these three criteria. If these three criteria, or one of these two criterion was not met? What is the metric trying to achieve? So now I'm gonna call him Allah, he wanted to defend to the student, because there was a lot of fabrication, and if the doing of the sun or the preservation of the

00:14:27--> 00:14:31

student hadn't taken place, what is a mathematical or human robot trying to do over here?

00:14:34--> 00:14:48

I love the blank faces and determining this week's class. I will not care about the black faces. I told you guys last week that I was you know, it was going over your heads. This week. I'm on a mission to go through each other. I need your help. What is the mathematical himolla trying to achieve?

00:14:49--> 00:14:51

What is the my mother putting these conditions

00:14:55--> 00:14:58

keep the chain of narration of what

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

authenticity, authenticity. I'm going to give it to you because you're such a nice guy, Mashallah. He's trying to give a chain of narration but not of the Hadith itself, but on the implementation of the Hadith, right. Like I said, My mind was huge on legal precedents. And all three of them is about legal precedent, right? So either through email where everyone is agreement, or number two, even though there isn't a verbal agreement amongst the people, he's looking at the actions of the people of Medina. But when we discuss this, we'll see that Imam Malik heavily believed that since the Quran was revealed in Mecca and Medina, and these are the Sahaba, and these are the grandchildren, they're

00:15:33--> 00:16:09

the best people to understand it. So they implemented some they acted upon something, therefore it is acceptable. Right. So that's the second form of legal precedent. The third form of legal precedent, okay, it's not found in each bar, it's not found in the actions of the people in Medina, then it must be found on Class B is based upon the Koran. And it is found based on Korea's based upon the Koran, then therefore, we will accept it, therefore, we will accept it. Now. I'll share something with you that that ties into this, you know, I was born in the 80s. But when I think about golden years, I always think of the 90s as golden years, the gold The 90s were were just phenomenal.

00:16:09--> 00:16:45

From a sunlight standpoint, when you look at the preservation of the sooner established the exact same principle, the 90s were the golden years. In the 90s, you had two key individuals, Omar bin Abdulaziz and embassy have this only these two individuals were the main catalysts in the preservation of the student of the prophets of Allah by themselves. The first major collection of Hadith we have is the motto of the mathematic. What incited that was the commandment of the hunter farmer bin Abdulaziz. And it's called the appointed over it, he had reserved it to start preserving the center to decline while I lived in an age where the center was thriving, it was being preserved.

00:16:45--> 00:17:25

And in fact, it was one of his books that was the major catalyst with a compilation of books itself, like mathematics, more thought was the stepping stone towards Bukhari and Muslim and all of the other books. So he's not so much focused on authenticity, because they're developing criterion of judgment idea of seeing when the narrator's are authentic, and then when they can be discharged, as well as no other things are happening. Or being in Medina, there's not that concept of, you know, political fraction and secretarial fraction, that amount of money for him a lot. So his main focus in Kabbalah is, if the Sahaba aren't acting upon it, we need to look at one more question it. So

00:17:25--> 00:17:37

this led to evaluate Mullah questioning the Hadith, if those three criteria were not met, if those three criteria were not met, how did he implement it? And repeat what are

00:17:38--> 00:18:25

the three things so either h map actions of the people of Medina or chaos upon the Quran? So how did the mathematical mala implement this an example of a couple of the prophets of Allah it was set up saying that if a dog licks your vessel that you eat or drink from, then the first time you have to wash it, or sorry, clean it with with the pure dirt or sand, and then you wash it seven times or six times with water, and that will take away the impurity of the saliva of the dog. This is a couple of the Quranic text instead of Toma ADA, Allah Subhana, Allah allows a job to go and hunt on your behalf. So meaning if you have, you know, shorten arrow and it hits a bird, that bird can be

00:18:25--> 00:19:04

retrieved by the dog. And there's no special requirements for it, right, you just called the bird at that time, and you're allowed to eat it. So in the mountain lakes opinion, he said that the Quran is being sent forward in water water for and he hasn't seen any h ma on the saliva of the dog being impure. He hasn't seen, you know the actions of the people of Medina in terms of the impurity of the dog. And you'll see that during his time, the dogs had come back into Medina and the dogs were flowing freely and no one prevented them. And then number three, is that it doesn't there's no chaos that you can make off of the Koran. Because the general default ruling is that everything is pure

00:19:04--> 00:19:47

until impurity is proven, so there's nothing to prove that it will be impure cinema in my Malik's opinion, if the saliva of a dog came upon the vessel that you eat and drink from, you just wash it off, you don't have to clean it with with pure sand or pure soil. That's what I was about your soil in order to uplift the impurity from it. So that is how Informatica himolla implemented it. Now the last portion of the center that I want to share with you, in the last one of the major Maliki scholars, he talks about how Imam Malik categorize the Sunnah, in terms of acceptance and rejection on a theological level. So at what degree does a person leave the fold of Islam upon rejecting the

00:19:47--> 00:19:59

sinner? And at what degree is a person still within the folder of Islam if they reject certain parts of the center? This one I'm sharing from ignorance is not the words of Mr. Malik, but this is based upon the Maliki principles

00:20:00--> 00:20:38

According to embellished, so he says assume that his rejection is a mark of unbelief. If someone does is rejected, then they are asked to repent. And this applies to Sooners which have been transmitted by multiple transmission, meaning if it is what the watcher, you're not allowed to reject it, or those things are actually he explains what that means. And he says that this is knowledge which is known by necessity. So it says knowing that wine is unlawful, then this is a student that that is water, water and is known by necessity. If anyone rejects this, they're told to repent, and this word or if not, it will take them outside the fold of Islam. Number two is a second

00:20:38--> 00:21:22

type of rejection, where they rejected or are in a state of denial. But this is more of like that with in figurative interpretation or misinterpreting the text. This is a form of denial, according to him. And he said this is the people that deny the narrations of intercession, this site are seeing almost paneled silent the Day of Judgment, the punishment in the grave, and things related to theology. These people are people of deviation and people of error. But there it's not something I'll take them outside the fall of Islam, necessarily, number three, a sooner which it is obligatory to know and to act on, even if some of the opponents of the center oppose it, such as wiping over

00:21:22--> 00:22:01

the leather socks, because it is known that it is acted upon by the vast majority of Muslims, and the opponents are very, very few. So wiping over your socks. The vast majority of Muslims accepted this, only two groups within the fractions of Islam rejected it, the Shia and wartsila these are the only two groups that we know of that early on, they rejected the acting upon this. So we said these people, they they acted, they didn't act on the obligation, or sorry, which is obligatory to know regardless if you act upon it or not, as is your choice, they rejected that Hadith, which is obligatory to know. And then number four, as soon as it is obligatory, to act upon being one which

00:22:01--> 00:22:40

is transmitted by a reliable source from a reliable source. There are numerous in all of the categories a lot and it's obligatory to act on them. An example of this is judging by the testimony of two witnesses of good character, even if they might lie or be suspect in their testimony. So we're here a person is sinful, they're not considered deviant is considered sinful, if they don't act upon the sinner, which is obligatory to act upon. So, number one makes you an unbeliever if you do not repent, number two, what makes you a person of deviation number three, this is where the mathematical formula is divided into two categories, three divided two categories, that which is

00:22:40--> 00:22:50

obligatory to know regardless if you act upon it or not, which is like the wiping of the socks. And number three be is that which is obligatory to act upon,

00:22:51--> 00:23:01

you know, once you know it, which is like using two witnesses in in situations of dispute, that is the Sunnah of the Prophet sallallahu sallam.

00:23:03--> 00:23:14

The photographer, the companions, how did the mathematical model outputs in photography confinements? Who remembers the statement of the amount of money for? What did the man who was able to stay with the photographer the companions?

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


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

That's fine.

00:23:18--> 00:23:26

within the scope of the videos of these hours, okay, within if it's within the scope, what can we do with those opinions? Except which one's

00:23:27--> 00:23:27

the one

00:23:30--> 00:23:31

within that scope of

00:23:32--> 00:24:09

anything outside of it? Excellent. That's what I'm looking for except any of them. Right. So now we're heading for himolla. He said two things about the opinions of the companions, he said number one, they show the spectrum of disagreement. So, this is the scope of disagreement, these are all opinions, you have to have your opinion amongst these. And then number two, you can choose any of those opinions from that spectrum that was available when you first take a mathematics take slightly different while it shows the spectrum. In my mind, the claim Hold on, like I said was very big on precedent. So his opinion was what did the majority of the tabea mean and the scholars of the

00:24:09--> 00:24:35

tiberian and the people of Medina act upon? So he looked at the majority, and he says, whatever the majority acted upon, that that is the opinion of the companion that should be followed. That is the opinion of the companion that should be followed. Okay, so do we understand that difference? Now? I would have never said any of them is fine. Mr. Malik said no, you look at the majority of the scholars and what they chose, and that is the one that you act upon. That is the one that you act upon.

00:24:38--> 00:24:59

There's a nice statement by Mr. Ma sotheby. Mama sought to be a great Maliki scholar. In fact, when you study two sciences, these two sciences are dependent upon him. Number one, the science of what is VEDA in this lab, heavily dependent upon the statements of Imam Shafi number two, the understanding of Nicolas the city objectives of Islamic

00:25:00--> 00:25:37

All very dependent on the statements of email shortly. So he says this was the way of medic, this was the way of radically different words and decisions of the complaints. He and Eva Ahmed are probably the Imams who held was strongly to the Fatah of the companions, and were most eager to learn them and take them as a basis for other decisions. And first was, and it was they who did that the most, they accepted the statements and Fatah of the companions without limitation or precondition regarding their number, their attributes, their actions, or the type of opinion related from them, when they disagreed, they chose the majority position, and that which was acted upon the

00:25:37--> 00:26:07

community as a whole. So the majority position, and that was acted upon by the community as a whole. So the highlighted, regardless of who the companion was, they were willing to accept his opinion, right? It didn't, he specifies also their attributes or their actions, or the opinion that they held, right, they will accept from all the companions, that's more of a theological thing than a magnetic or demonstrative is throwing in there. Because as you might learn later on, there are several some hobbies that other sex started to criticize, but how

00:26:08--> 00:26:28

they started to criticize another one of the companions who, you know, wasn't able to provide witnesses will back off on it alone, Laval, they, you know, criticizes Well, they didn't want to accept this apparent competitors. He's saying that regardless of their positions, if he's just a hobby, we will accept his opinion. So that's a theological point. Now, in mathematical himolla,

00:26:29--> 00:27:10

why did he appreciate the statement or the photo companion so much, he understood the photo of a companion to be one of six things. Five of them are, you know, a criterion of authenticity and why we accept them. And then the sixth one is when we are allowed to disagree with a companion. Okay, so let's see what he says. He said, a photo companion is one of five things, either he learned directly from the pockets of love it was set up unless he holds this opinion. Okay. Number two, he heard it from someone else who heard it from the Prophet sallallahu alayhi wasallam. That's number two. He heard it from someone else who heard it from the Prophet Muhammad sallallahu alayhi wa sallam.

00:27:11--> 00:27:33

Number three, he understood this from the Quran directly. So the companion understood this from the Koran directory. Okay. Number four, it is something that all of the companions were agreed upon. But only few of them oriented it only few of them verbalized it. Okay.

00:27:35--> 00:28:21

Number five, he understands this issue, due to result of his complete knowledge of the language. And due to his access to the chronology of Islam, right meaning the historical order of revelation, the actions and spirit of the Prophet sallallahu, Alayhi, wasallam, as well as his understanding of the language. So a photo of the companion holds such heavy weight in the state of a mathematic, for these predominant reasons, and that is why it helps such heavy weight. He says there's a sixth scenario. But this is very, very far and few in between me, there's very, very few incidents that actually show that this happened. And it is based upon the individual he had of the companion.

00:28:22--> 00:29:00

And that's where he stops that there is no language evidence for it, no chronological order, no president of a sudden now no basis on the ayah just complete individual understanding. An example of this would be the opinion of Ivanova de la Noma, that he allowed the marrying of two sisters at one time, neither one man was allowed to marry two sisters at one time. This was an individual opinion of him, even above the law, that no other companion no other individual has helped. And this was considered a shared opinion. And this is like when you're researching in the father, this is even if you've never asked how this opinion, there's a difference of opinion, did he actually hold it this

00:29:00--> 00:29:16

opinion, but when you study this and also this is like the main example that is given this the main example that is given. Now, how about the fatawa of the Tabby and what did the Mount hanifa himolla say about the photo of the tavini? Who remembers that?

00:29:18--> 00:29:25

And just remember that Mount Abu hanifa himolla vysa was considered for the time being, right. So what did he say about that?

00:29:33--> 00:29:45

I said excellent. He said, they are men. I am a man they make he had um, he said that was his take on this issue, meaning that there's nothing special about their fatawa because they have access to the exact same things that are

00:29:46--> 00:30:00

in my medical he will not pay special attention to the bottom of the following people are going to be the advisees side of the Messiah. He has Rizzoli and nafion. The freed slave of economics, these four in particular, a very, very close

00:30:00--> 00:30:19

attention to them. And he accepted a fatwa from them, when it is a basis when its basis was a known singer. So we accepted their fatawa if their basis was a known sinner, or was in accordance the people of Medina, or was implemented by the vast majority of people, right? So it's based upon the center.

00:30:21--> 00:30:22

It was a known

00:30:23--> 00:30:29

action of the people of Medina, or was held by the majority of scholars, then he would hold that opinion he would hold that opinion.

00:30:31--> 00:30:46

The next issue consensus each map in America himolla was probably the email that use the concept of these are the most why would that be the scenario? Why would you remember the grandma love the email that narrated is my last

00:30:52--> 00:30:52


00:30:56--> 00:31:14

Okay, examples already values majority opinion when the majority of scholars are choosing this exercise. So that's very good. So he valued the consensus of the people who valued precedent. But what about his circumstance made him very unique compared to the other imams?

00:31:15--> 00:31:52

He was in Medina, excellent, right. So the other imams didn't have to travel it into the net route America, and he mathematically mala is living in the heartland of Revelation, right. So his access to the companions and their grandchildren and their students is free flow access, whereas for others, they would have access to a couple of people, but not to a lot of them right. So, that is why the mathematical formula was able to narrate is not the most. So now in mathematical himolla in the water when he narrates each map, he doesn't actually use the term Ishmael in mathematical himolla he would say agreed upon practice. So, anytime you mathematical human law talks about agreed

00:31:52--> 00:32:32

upon practice in the walk like the mathematic This is referring to each man right any mathematical model explains this himself, he says as for the agreed upon practice, it is something that the people have felt and knowledge were, were in agreement upon without a dispute. So when he says no agreed upon practice, there are agreed upon without dispute, so there that is, is not that is it? Now we get to the most disputable aspect of his lawsuit, which is the amount of Adnan Medina the actions of the people of Medina, and the person to best explain this is obviously in my medical model himself. So there was a great scholar who had a conventional demand model for this principle.

00:32:32--> 00:33:09

His name was a leaf in New South Lake in New South, he was from Egypt. But the relationship that Mr. Malik had with a lake of Mossad even though the difference such like a severe disagreement, clearly shows you know what we highlight it from Imam Shafi like a lot that even though we differ, can we still be brothers, in my mind the claim of a lot his daughter was getting married. Okay. He needed something from Egypt. He sends a letter to a lake of the side, he says, My daughter is getting married, you know, can you please hook me up with this thing that I need? And

00:33:10--> 00:33:48

not only goes out of his way to find the thing that he magmatic needs, but he sends like a whole bunch of gifts and a whole bunch of other things for him advantix daughter, and they seem to side when he comes to Medina, grateful for the 34 Hadith. People want to know what are your opinions on these matters? What do you think about these issues? He is the one that canonized the statement. La youth that was radical Medina, that we don't give fatwa, while Malik is in Medina, right. So even though he's a scholar of his own caliber, in fact, there's a difference of opinion on this amongst historians, they said that, if I laid them to side was able to teach enough people, he could have

00:33:48--> 00:34:11

had potentially like the fifth month, which would have been accepted, like that's how strong his mother was. But his mother didn't become popular, he didn't teach enough people, and therefore it died. But the strength of his mother, the strength of his knowledge, was at the same level as the previous imams. So this is, you know, their brotherhood, their characteristics. Now, they're exchanging letters with one another, this is how they would debate because they couldn't always be together.

00:34:13--> 00:34:50

So, in a letter to LA in a letter to LA from the side, he wrote, it has come to my attention that you are giving verdicts contrary to the practice of the community and country where we live, the generality of people are but followers of the people of Medina, the emigration was to the city and in it the Quran was revealed. So if something is openly and generally practiced here, I do not see it as an option for anyone to do otherwise. Okay, very short letter saying that look, revelation was here the officer said, I was here the lead agent on here, the companions are still here, their descendants are still here. If people are acting upon something, we can't give birth to up in

00:34:50--> 00:34:59

contrary to this, and make him sad or a mahalo response by saying, I least wrote a reply wherein he details his own methodological approach which is different

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

Malik's he concurred that the generality of the people are followers of the people of Medina. But this applies only to the generation that passed away meaning the Sahaba and not that I mean, those among whom the Quran was revealed. Afterwards, many of the city's inhabitants left for other places, and it became scattered throughout the lens. Moreover, the disagreed about many things. As a consequence, sound analogies and single narrator a hadith are not to be discarded on account for what the people of Medina happened to be putting into practice. So like the two sides main contention was, hey, you can't be rejecting a hide the Hadith, just because of the people of Medina

00:35:35--> 00:36:17

are not acting upon it. What you're forgetting is that the Quran was revealed amongst the Sahaba, not amongst the tavini. So had the Sahaba be implementing certain things? Yes, we will accept that without disagreement, but with the time in that same level of sanctity, isn't there? Right. So this is what Nathan Assad's contention was. So how do we understand the actions of the people of Medina, she has Omar Suleiman the hustler, he says the actions of the people of Medina will be divided into four categories, they're divided into four categories, number one, that which is accepted by all the scholars. So, that was accepted by all the scholars as you prove that this particular action is

00:36:17--> 00:37:02

considered a proof. Number two, that which is considered a proof by some of the scholars. Right. Sorry, that was considered number two is that risk considering proof by the majority of scholars, but not all of them, so majority, but not all of them? Number three, that which is considered a proof by some of the scholars, meaning a minority of the scholars. And then number four, that which is not considered a proof, according to the majority of scholars, so the actions of people are divided into those four categories. One, all the all the scholars are agreed upon that it is a proof. Number two, a lot of the scores considered a proof minority do not consider it a proof.

00:37:02--> 00:37:22

Number three, the minority consider it a proof. And then number four, is that the vast majority of it did not consider the proof, the vast majority of it did not consider it a proof. That is how the actions of the people of Medina are divided into or divided into. And I'll just read one small paragraph

00:37:24--> 00:37:36

of this, and that is related to did Imam Malik come up with this opinion by himself? What is the answer to that? Did he manually come up with the principle that we need to pay very close attention to the actions of the people of Medina?

00:37:38--> 00:38:16

For what you learned? The answer is no. He's very big on legal precedent. Right. So who preceded him? Well, there's two clear incidents of scholars one was directly his teacher that held this as an associate principal. Number one, one of his main teachers are via a writer, a realtor, right? He says a very famous statement, he says 1000 from 1000 is better than one from what right and this is meant to be in the context of the actions of the people of Medina media, if 1000 people of Medina are implementing it, and you bring me a couple of I had all of seminar, take the 1000 over the one. So it'll be able to see how this opinion number two

00:38:19--> 00:38:20

was his name?

00:38:21--> 00:38:39

Muhammad in Abu Bakar ebru Allah. So it's not it hasn't been introducing the famous one, but this is another you know, taggie Mohammed Abu Bakar. azim who was a comedy, right. So he was a judge at that time is what he has this opinion as well, using the actions of the people of Medina.

00:38:40--> 00:39:25

The next principle that of Korea is that of Korea's Okay, so in Korea is the focus of the Maliki school use analogy, but always subjected to the principle of bringing about the best interest of the people and avoiding harm from them. So if the fair analogy is absolutely correct, they do not proceed with it. If it would prevent the benefit or entail harm. They relax the general rules and leave them for the sake of specific benefits. And that is a part of itself. So last week, when we spoke about this lesson, we spoke about it as a separate category. In the month of of the mathematic is the sun is a branch of cliffs and introduces a third branch called Masada morcilla and he does a

00:39:25--> 00:39:59

very good job of explaining these concepts. He does a very good job of explaining these concepts. So we already know what classes we said it is a an issue that is mentioned in the Quran and the Sunnah, where you have the legal ruling on it, and you have the reason why that legal ruling was given. Alcohol is haram in the Quran, because intoxicates we talked about marijuana and marijuana is not in the Quran, but it is still impermissible due to the reasoning being president, which is that of intoxication. This is known as Korea's right. So now in our medical regime of Allah, He says that we will not accept

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

He is up and until it guarantees brings about harm. So he brings a benefit and minimizes harm. If the key is even if it's valid, brings about harm, that we will not accept it. If it brings about harm, we will not accept it. Right? Which leads us to is Sir,

00:40:21--> 00:40:28

my mother, Grandpa, he says his son can only be used on individual cases.

00:40:30--> 00:40:44

This is where we learn the difference between a Hawker and a fatwa. What is the difference between a ruling and a religious edict or verdict? Anyone want to give that a shot? What is the difference in Islam between a Hawker and a fatwa?

00:40:47--> 00:40:48


00:40:50--> 00:41:30

spirit was specific to that person? And what is it taking into consideration their circumstances? their circumstances excellent, whereas Hong Kong is general. So a general Hong Kong is established the salon the salon is obligatory to be preyed on it's time. A fight to up will be the example of Hey, I'm traveling at five kilometers to rent a dear Mr. Lau, shortening my combining my prayers, right? So when you contextualize something, this is called fatwa it's specific to that person. hokum is a general ruling that Allah subhanho wa Taala gives us so when you study filk, you generally learn rulings you learn.

00:41:31--> 00:42:02

When you come to a chef with a question, he is giving you footwork at that time, he is giving you footwork at that time, if it is particular, to your circumstance, what circumstances are looking are they looking at in particular, number one, the customs of the people play a huge role in giving futsal number two, the level of hardship that is faced number three, in terms of other options that you may have other options that you may have. So these are the three main things that they're looking at.

00:42:03--> 00:42:25

You order from the people customs of the people, the level of hardship that you are facing, and what other options you have available, a Hogan will not take that into consideration. So now, a mathematical formula, he says is the sun cannot be used it is the sun cannot be used in rulings. It can only be used in fatwa

00:42:26--> 00:42:50

do we understand that is the sun can only be used in fatwa and cannot be used in rulings. Why? He says it's the sun is a form of exemption it is a form of concession. And the general rule is the hookup and you cannot apply extend to the hookup you can only applies if sir, into that which is a fatwa. Does that make sense?

00:42:52--> 00:42:59

I'm losing you yes what I'm doing my job. So let's go back What is this I mean, what does this mean Go ahead.

00:43:03--> 00:43:39

Exactly the highest form of potential benefit with the least amount of harm regardless with no you know, legal text present at that time, right, we gave the example of a man who was walking through a valley wants to drink water he sought permission to enter is he allowed to drink that water or not? We taught that example through Piazza we tried to reach the sun. So I hope you guys revise your notes on a regular basis to understand this right. So he says is there something over here can only be applied to fatwa it cannot be applied to a hookah hokum is the general rule is designed as a concession that can come out of the general rule. Okay.

00:43:40--> 00:44:30

Number two is said is most often used when the application of strict analogy with necessity necessarily entail distress. So the only time you should go towards SSN is if the US brings about distress, if Korea's visible distress, then you go towards this person as a general rule as the general rule, okay. Now, we move on to the third category of PSAT mathematic held, which was masala masala and this is translated as consideration of public interest. So, we said that it's the facade is particular to a fatwa, Masada halberds, Salah is particular to Hong Kong is the general ruling. Okay, so the great majority of scholars have ethics inclined to the view that the government measure

00:44:30--> 00:44:58

of all that is good and evil in any action is the benefit or harm which stems from it? Do you understand that? Let me repeat that. The great majority of scholars have ethics inclined to the view that the governing measure of all that is good and evil in any action is the benefit of harm, which stems from it, meaning how do we decide if an action is good or bad? It is contingent upon the amount of benefit in harm that stems from it. That is how we decide if an action is good or bad.

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

Do we where do we stand on this theologically?

00:45:10--> 00:45:23

So we say that the majority of scholars according to ethics, they will judge an action of being good and bad, purely based upon benefit and harm. This according to the scholars of ethics, our scholars of theology,

00:45:25--> 00:45:28

whether you throw it on money to answer the question,

00:45:29--> 00:45:43

how do you understand this in Islam? Like don't give an example in Islam? Can something still be good? Even if the result that stems from it is not good? Yes, it can explain.

00:45:49--> 00:45:51

evil things may happen.

00:45:52--> 00:46:34

But there's some goodness that comes up after right. Okay, so from a theological perspective, how do we understand the presence of evil in the presence of an all loving God? In particular, he will lie I'm pretty sure I've repeated this quite a few times. He said, logically speaking, you have five possibilities. Either the, there's absolute good in that scenario, there's absolute evil in that scenario, the good and evil are equal, or the equal is greater than the good, or the good is greater than the equal. These are the only five possible logical scenarios. He says, from a theological perspective, everything that happens is either absolute good, or is the good is greater than the

00:46:34--> 00:47:13

harm in it, right? There's no scenario where it's equal, or there's absolute evil, or the evil is greater than the good. So from a theological perspective, we break it down that the actions of human beings can be categorized as you break it down to benefits and harps. But in terms of the actions of Allah subhanho, wa, taala, there are either absolute good, or the good is clearly greater than the evil and even the evil that stems from it is a result of the human beings and not of the decree of Allah subhanaw taala. Does that make sense? Have you drank coffee before you came? Are you guys a severe one in your entity level? You guys listen, you guys are lost in this discussion.

00:47:14--> 00:47:53

We will continue anyways, we will continue anyways. So now where does this concept of masala masala come from? Where Where do we get this thing that we have to take public interests into consideration? Actually, sorry, before I get to that, when we talk about mikaze this area is the greater goal of the study of the objective to look at individual interest or public interests. That's public interest. She has always about public interest. Very few cases will the city I'll give you no preference to personal interest and benefit or communal benefit and interest. So what Masada and masala is looking at public interest, community interest. So in mathematics method when it talks

00:47:53--> 00:48:34

about community interest, one of the very foundations that looks on is that the prophets of Allah while he was set up himself, never gave the command to compile the Koran. Right, he never said go and compiled the Koran into one book. Yet during the time of the Sahaba, they took it upon themselves due to various reasons. Number one, other you know, ethnicity is coming in the Arabic language being diluted. Number two, the death of the companions. Number three, the death of the Quran, or the receptors of the Quran, there are all these fears that came into play. So they said that there is a communal benefit in doing this act of compiling the Koran. Even though the prophets

00:48:34--> 00:48:40

of Allah by lucilla himself didn't legislated. That's one example. Number two,

00:48:41--> 00:48:47

the general ruling in Islam is that if I lend something to you,

00:48:48--> 00:49:24

and there is a harm that comes something that that is lended that is unintentional. Who is responsible for repair of that thing? Okay, so let me give you that example, again, I lend you my book. And just due to the natural reading of the book, some of the pages get loose, and maybe even some of them tear out. Who is responsible for appearing the book? Is it the person that has borrowed the book? Or is it the person that owns the book? Okay.

00:49:25--> 00:49:41

Depends we use it the most. We need general principles here. We can look at individual case law, we're the ones who borrowed it, the one who borrowed it, anyone saying the one who owns it? You guys. Yes, I can elaborate as well. Good. Anyone else? So

00:49:43--> 00:49:59

if you look at the actual text, or what is understood from the objectives of Islamic law, the owner is always responsible for any incidental unintended harm that takes place to his property. The owner is always responsible for any unintended harm that happens.

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

To his property. Now, let us move forward to the age of the Honda. All four Honda, we're in agreement, that if I was to give something to you, and you are either using it, or repairing it, if unintended harm takes place, you are now responsible for it, not the person that owns it. Why would they hold this opinion? Well, they started to notice that people that were given things or appear, they became very careless and reckless. So if you have someone to repair your bank, he throws it over assures that you will get to it eventually causing causing more harm to the bank. So he says, once we placed that burden upon people, that they are responsible for it, they now became more

00:50:47--> 00:51:25

caring or other people's property. So even though it's not in accordance to the spirit of Islamic law, traditionally, the 405 were in agreement that yes, this is something that has to take place. Why did they place this ruling, public interest, it was in the best public interest of the people. And there's actually like eight other examples that they give. And then Sheikh Mohammed Abu Zappa, he concludes, while these are eight, sorry, well, these are 10 examples, dramatic effect books are filled with you know, a plethora of them that you can go back to filled with a plethora of them that you can go back to, we're moving on to our final two principles for tonight inshallah,

00:51:26--> 00:52:18

number one, sorry, the second to last one is a variety or the means, okay, the means, and he has a principle called centuria. And that is very, very easy principles to understand. And then there's a Quranic evidence for this as well. Number one, everyone will be agreement in that committing Zina fornication is right committing Zina is completely not allowed in our faith. So the verse says, Why not takanobu Zina that do not come close to fornication. This is sort of the salon. So number 17, is not conclusive fornication, so anything that can lead to fornication would take the same ruling as fornication. Right. So what is the ruling on looking at pornography in Islam? It is haram to look at

00:52:18--> 00:53:07

pornography in Islam, because it is a means that would lead to fornication right. So looking at pornography, this lab is not allowed based upon this principle. And this is called the very blocking the meets. So anything that has a direct correlation to that action will take the same ruling as that action in prohibition, it is called set Duvalier. Now, how about in commandment right? The ruling on praying Juma is obligatory upon the man that is seen is resident and is not sick, generalizable upon him. Now, what is the ruling on the man leaving his house to the mustard to page one? Right, meaning he has to do a small distance of travel to get to Juma what is the ruling on

00:53:07--> 00:53:48

that travel? It now becomes obligatory because praying joy is obligatory. So anything that needs that needs that needs to be done in order to fulfill that obligation becomes an obligation, which of itself becomes an obligation with love itself, which is called fetch and 31st. Hallelujah. So the video blocking the means for Tanzania opening the means. So this was another principle in the field of Eman Malik, this is another principle from the effect of the magnetic now we move to the last one. And I'm going to tie these two together last week, we were supposed to talk about the earth with the amount of money for him Allah willing to combine it with the understanding of both with

00:53:48--> 00:53:52

Imam Malik. So according to Maliki and Hanafi folk,

00:53:53--> 00:54:34

or is taken as a legal principle in respect to those matters, where there is no definitive text with respect to those matters, that there's no definitive text. So if the sugar did not come to us, tell us something, then you all will be taken into consideration. That's number one. Number two, customs make the general specific and qualifies the unqualified as far as the Maliki's are concerned. So when there's something general the earth will come to specify it or if there's something that's unqualified, then the earth will come to qualified. And this is something specific to the Maliki's as opposed to the other fees, as well. What did they where did this understanding of Earth come from

00:54:34--> 00:55:00

so often is very subjective to the individual and to the community, on an individual level, the Prophet sallallahu alayhi wa sallam is dealing with the wife of Sophia, the word was Sophia she comes to him and she says the Messenger of Allah, I will Sophia is not spending upon me and my child, tell me what to do. They probably saw a lot by you sort of tell us her take from the wealth of Abu sufian that which suffices you meaning very subjective

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

to her, so whatever her circumstances, whatever her situation is, she's allowed to take on the wealth of of Sophia, that would be sufficient for and this is not considered stealing or anything like that right because this is her do right, she's taking according to what she is allowed to take. So instead the understanding of what is established from this number two is that the combining the Quran in the way husbands should be treating their wives, what I should have been mouth that treats them with kindness with is how this commonly translated, but over here means the good positive customs that she is used to already treat her in a way according to the good positive customs that

00:55:39--> 00:56:14

she is used to already. The example that I always give is that when we have monitors contracts in a snap, the man is responsible for giving them a hug giving her a dowry, the worst mistake you can make or one of the worst mistakes that you can make. And according to some would actually nullify the contract is to leave a vague gallery. So something that's very common in our DNA Ah, husband wife get married husband tells the wife your dowry is I will take you for hunch. So wife's like amazing Marcello going for Hajj. Now, time for Hajj calm is the like, okay, let's start preparing for Hajj husbands like, Okay, I'm going to book a camera. When we get there, we're going to take a

00:56:14--> 00:56:52

boat to get to the agenda. And that's how we're making cuts. And the wife's like on Expedia. She's like, Okay, first class ticket, we're staying in, you know, the the towers in a like a penthouse suite. And this is their understanding. So now the exchange notes, the husband's like, yeah, we're taking a boat and cameras. And there was like, first class tickets and you know, five star hotels, they come in front of a judge, how is he going to judge between these people? So the judge will look at view of the people. Right? So if there's a standard package that the vast majority of people will take, he may judge according to that, or he may get into a more specific of than looking at your

00:56:52--> 00:57:15

financial circumstances. And according to your financial circumstances, what is the average package that people those financial circumstance, take? and judge according to that, so it will define the undefined and qualify the unqualified? Right now, do we understand how it is applied? That makes sense. So this is what off is referring to. And that is the legal precedent for it.

00:57:17--> 00:57:59

Now, let us conclude with the conclusion. And looking at the full COVID mandelic. One thing that becomes very, very clear, is two things. Number one, we've emphasized how highly legal precedent is huge in the Maliki method. But one thing that will often get lost in translation is that a mathematical formula like email, or any friend will see this as a recurring theme. Always wanted to make things easy for people. In fact, he would always emphasize that filk is meant to make you easygoing, if you think you don't fit, and you're very rigid in your views, then you don't understand properly, so forth is meant to make people easygoing. And this is such a true statement,

00:58:00--> 00:58:41

that as a student of knowledge, when you begin your progression of studying filk, you will be like, this is the polar Roger, this is the correct opinion, this is the opinion that has to be followed, and everyone else is wrong. But as you get older, as you get wiser, as you study more, you realize that filk is a spectrum of colors. And people are allowed to lie in different colors, and you will still love them, and you will still respect them. Because the sources that they're deriving them from are the exact same sources, they're just being interpreted in a different manner, just being interpreted in a different manner. So again, I'll emphasize, in fact, issues respect difference of

00:58:41--> 00:59:17

opinion, right? Someone may hold a very different opinion than you. But as long as it's a valid opinion, then you should respect it. As long as it's made by a qualified Mufti or, you know, a legal method, you will respect that opinion. A lot with Todd honor. I'm really excited for today's class, like, I have, like five really good stories from the left of my medic that I want to share with you guys inshallah. So, yeah, I'm looking forward to that, you know, I'll share my thought process here. This has been a very, very tough weeks, kinda like there's a lot happening in the world, particularly with the Muslim community dealing with the issues of Quebec. You know, Muslims are

00:59:17--> 00:59:58

freaked out, they're like, how are you going to protect our mosques? No, non Muslims are two camps. One is those that are saying it deserved it, you hide this coming for yourself. Another camp that is just which is the majority of people, religious, you know, love and support that the amount of emails that I've gotten is just phenomenal. Like I can't even understand, though how people are so are so loving, spiral bound in these trying times. But when you look at, you know, the biographies of the predecessors, there's so many traits that we have lost, and they bring those traits back to life. And I'm sharing with you guys today, that the simple action of calling someone for the sake of

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

asking how they're doing without

01:00:00--> 01:00:27

needing something from them? I want us to think about when was the last time we called someone to ask how they're doing and what's new in their lives as opposed to Hey, bro, I need a favor. Can you hook me up? Oh, by the way, how's everything else doing? Like after you ask me a favor, you feel bad? You know, why am I being so selfish? Let me ask you how he's doing, how his family's doing. How about for the sake of calling someone and not needing anything, right? So when you look at their lives, you're always going to step back and particularly this moment of calamity, this moment of hardship that the Muslim community is going through.

01:00:28--> 01:00:41

You know, it's very important to go back to their lives and see how we've strayed from those characteristics of nobility, those characteristics of brotherhood, that our religion, you know, so heavily propagates, that's just something I wanted to share with all of you a long time.