Maxims of Fiqh #01 – Introduction

Navaid Aziz


Channel: Navaid Aziz

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AI: Summary © The speakers discuss various topics related to Islamic law, including the source of legislation, laws, and laws. They emphasize the importance of understanding the sources of legislation and the importance of understanding the definition of each map. They provide an introductory class to discuss the five major principles of legislation, including the source of "leg Hospital" and "leg Hospital," and explain the concept of certainty, doubt, doubt, and the use of "will do" in certain situations. They also discuss the importance of giving concessions based on the degree of hardship and avoiding harm. The speakers emphasize the importance of giving concessions based on the degree of hardship and the importance of social norms. They also discuss the use of "istic" as a way of proving a judgment and the importance of avoiding harm in certain situations. They emphasize the importance of avoiding drinking alcohol and avoiding waste of time in certain situations.
Transcript ©
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Bismillah R Rahman r Rahim in hamdu lillahi Nakamoto Ernestina hornsdale Kuru, when I was a villa Himanshu Rai and fusina woman sejati Anna Lena Maria de la jolla. modela romeoville hufa hodja watershed Wanda ilaha illallah wa hola shika cada or shadow now Mohammed Abu Rasulullah sallallahu alayhi wa ala alihi wa sahbihi wa seldom at the Sleeman kathira My bad, my dear brothers and sisters salaam aleikum wa rahmatullah wa barakato.

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So I'm going to start off tonight's discussion by posing a question, what is the ruling on going to a bar to have dinner? What is the ruling on going to a bar to have dinner? Who's gonna answer this for me? Go ahead.

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You cannot go and have dinner in the bar. Why can you not go and have dinner in the bar?

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Because what's happening about that is

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what it is prohibited for you. Fantastic. Okay, so now let's change this around a little bit. What is a ruling on going to a restaurant actually, does anyone disagree with him? anyone believe it's permissible to go to a bar to have dinner? Go ahead.

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So you're not gonna drink alcohol.

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So explain only option, like restaurants? I did like a life and death situation or life and death. Yeah. Well, I mean, very usual case, I guess. Yeah. Friends. I mean, of course.

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You can. I think you can go there. Do you have food? Obviously not drink alcohol. Okay. Also, drinking alcohol is off limits. But as long as you're only having dinner, it's fine. Okay. So now, I want to have fun with you on this, but we're gonna we're gonna do we're gonna end up delaying that. Okay. Does

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anyone else have an opinion on this? No, fantastic. So let's move on to Scenario number two. What is the ruling on going to a restaurant that serves alcohol? Okay, so you're going to have dinner? It's a restaurant, it's not a bar, but they do serve alcohol there. What is the ruling over there? I think this one's a lot. A bit easier. Go ahead. Even

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go and have it to serve actually I'll call it can influence you. It can influence you that the smell or the sound? Well, both the people

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the light, everything can delight even.

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So if you would break down your argument, what would you say that in one sentence? Why it's not allowed?

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Because just

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because they're serving alcohol, which is prohibited. Fantastic. Anyone else?

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You would not trust that yet.

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Okay, good. Good. You will not trust that. Yes. Hello, meet fantastic. Go ahead. We mentioned above when he's

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not drinking, but he still has some people drinking. He say we stopped with him.

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Okay, so your answer is no, it's not allowed. It's not allowed. Okay, go ahead.

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No, it's on a bar. It's the restaurant, the restaurant. Yeah.

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But it serves alcohol. People might think you're drinking if you're sitting in the service.

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Okay, so I want to have fun with you as well. Because that's line of thinking it could lead somewhere. They the brother behind you, what are we going to say? It's the city with people

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who drink alcohol sitting with people who drink alcohol. So you're not actually sitting with anyone that's drinking though. You're just at a restaurant, you're sitting by yourself, but they serve alcohol. That doesn't mean that alcohol is on your table. It just served at the restaurant. That's what we're talking about. Still, same thing. Same thing. Okay, fantastic. So no one believes it's allowed here.

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Go ahead.

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Fantastic. Tell me why.

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There's no alcohol on the table. It's fine. Okay, so the shouting the shouting everywhere. Yucky. They're shouting everywhere.

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There's big shouting in bathroom as well.

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I think

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the primary purpose there's the food and alcohol, which is different from the excellent. Okay. So now these sort of discussions. These are what Elko idle for here came to address. They are situations that have nuances to them, and there's no specific proofs for them. And what I mean by specific proofs is that that exact incident did not happen at the time of the Prophet sallallahu alayhi wa sallam or unless I know what to do not reveal a specific idea about that. So the scholars had to look into generalities and then derive rulings from there. So when we talk about the scope of alkali Delphia

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Colloidal Silver here as we're going to be discussing, there's something very, very general and the applied to every situation. And this is why I believe it's such a fundamental topic for every Muslim to know. So now let us firstly discuss where do you these alkaloids and faqeer come from? So there's five things that you will need to know in this introduction. Number one, the topic of Makati, the city, the objectives of Islamic law, number two sources of Islamic legislation. Number three, the can a Sharia itself, so his religious rulings when of themselves, followed by fic followed by or stolen filk and then the overall scope of collider for Korea. So firstly, that is to talk about what

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are sources of Islamic legislation? When we talk about sources of Islamic legislation, three of them are agreed upon and are the major sources of Islamic legislation. Then the fourth one is agreed upon, but it is not considered a primary source of Islamic legislation and we will look at why. So the first source of release of Islamic legislation is the Quran. So coronaries note is the primary source of legislation when you're looking for proof and religious rulings. This is the first place that you go to. The second source of Islamic legislation is the Sunnah of the Prophet sallallahu alayhi wa sallam. Now, there are three specific things that you're looking at within the Sunnah of

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the Prophet sallallahu alayhi wasallam. They are the sayings of the Prophet sallallahu alayhi wa sallam, the actions of the Prophet sallallahu alayhi wa sallam, and the acceptances of the process of the many things that happened in front of the Prophet salallahu alaihe salam, and you stayed silent about them. So those are the acceptances of the prophets alarm system. The third one, which is h Ma, which is a topic of consensus, the definition of each map is the agreement of every single much studied scholar in one given era, on one given topic with one given ruling. So what are the three main components, you have one ruling on one given topic, and on one particular issue, so it's

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by all the scholars that are much the hit, and there's no disagreement that is known amongst them. These are the primary sources of legislation, a fourth source of legislation, which is built upon the first three, which is crius, which is an illogical deduction. So something that the Shetty I didn't come to speak about, however, we have something that is similar to it in terms of its characteristics. So the ruling that applied to the thing which is known by the *tier, then that same ruling will be applied to the thing which is not specifically mentioned by the Cydia, due to the shared characteristics, a simple version of this alcohol, marijuana. Alcohol is mentioned in the

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Quran. Marijuana is not mentioned in the Quran, intoxicating properties are shared by them both. So therefore, the ruling would be shared by the both of them as well. These are sources of Islamic legislation, from the sources of Islamic legislation legislation. When you were to look at them and analyze them, you would see that there's reoccurring themes, and those are called Alma Casa de Sharia. So within legislation, you have reoccurring themes, which are called mikaze, the Sharia. So what are the objectives of Islamic law? So the Sharia came to protect five main things. It came to protect faith, it came to protect life. It came to protect intellect, it came to protect wealth, and

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it came to protect honor and continuation of life. So those are the five things that the Sharia came to protect. So if you would analyze the sources of Islamic law, this is what you're finding reoccurring themes as that all of the sources of legislation, there's constant repetition of these objectives of Islamic law, that's what you're finding. So now, when you have these sources of Islamic legislation, you need principles that are applied to them to derive religious rulings to derive religious rulings, those principles are known as Sunil filk. So those principles are known as Solon filk. What is your soul? What is an example? So we have a simple example and also the filk

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armory aka to deal with job that a commandment necessitates obligation in necessitates that something must be done. So the default ruling when you find something in the Koran, and there's a commandment there, it means that it is something that has to be done, it is something that has to be done. So this is a sort of the principles that are derived and applied to the sources of legislation. And now what is the result of them? The result of it is two things fick and karma Sharia. By filk. We are talking about how to do this, how not to do that the understanding of what to do and how to do it and when it's applicable. The outcome of Sharia, then these are the five

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legal rulings on everything. So something is wajib something is Mr. hub, something is mobile, something is Macross. Something is how long. These are the five legal rulings that are tagged to all of those actions on Facebook. Now we move to the last component

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Which is where l collider faqeer comes on collider faqeer comes after all of these components, when you look at fick as a whole, basically look at every single major book affect every single major work of filk. What are reoccurring principles that you will find in filk? So my God, this Makati, the Sharia was reoccurring principles inside the legislation itself. alkali the film here are reoccurring themes inside the works of fiction themselves inside the work of filk them selves. Now, there are two types of collider for here, there are two types of fifth principles, what we call alkaline and kulliyyah or absolute and holistic principles, or what we call alkaline authorea.

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secondary and tertiary principles of filk.

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The five colloidal kuliah, they're agreed upon by all of them a diet every single month that we know of agrees upon these five reoccurring themes, the collide for a year, these are different upon In fact, they're so different upon that modern day scholars, it took them 14 years to compile all the different versions, and they came up with close to 2000 different principles. So that's how much of a different science it is. So what we're going to be taking right now, what are the five principles that are agreed upon? What are their sources? And how do we understand them? What are the five principles? What are their sources, and how do we understand them? So the first major kind of here

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is a Omoro Bhima Casa de Muro, Bhima, Casa de that affairs will be judged by their objectives, affairs will be judged by their objectives. What is this sound similar to? It sounds very similar to something else

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in the Mullah Malou, beneath the hadith of Ahmed Nakata, rhodiola, who I know and in fact, that is the basis of this principle that is the basis of this principle that when you look at the hadith of Amara macabre de la No, it is the basis of this principle. Now, just so we understand what we'll be doing today is an introductory class where I'm giving you the five major principles. And then from next week, each week, we'll be spending one class per principle, we'll be discussing the major principle, its proofs, its scopes, and what are the secondary principles that come under it? So don't worry if you don't go if we don't get to too much detail this week is just an introductory

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class. The details will come in the following weeks. So that is the first proof that you should know for it, the hadith of Amma Cotabato, the Allahu anhu, that actions are based upon their intentions. What could be an ideal example for this an ideal example for something like this is a person is praying Salah?

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Actually, yes, the person is spring Salah Sorry, I had the mind laughs and I time comes where it's the time for the Lord and the time for us that is kicking in. And a person is not too sure. You know what he's praying at that time, right? Is he praying? Or is he praying ourselves? The farakka is the Salah is exactly the same. What is the thing that is going to differentiate between permiso between the heart and ourselves, it is the intention inside the heart, it is the intention inside the heart. And on this note, We'll also discuss the issue of going to a restaurant that has alcohol in it going to a restaurant that has alcohol in it, and also going to a bar that serves permissible food, let's

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just say the food there is halal zabiha hand slaughtered, not electrocuted, you know, legit to the max won't be the ruling on going to these places. It comes under this principle over here. So the principle over here states that actions are judged by their objectives behind them, right. So this is a very holistic, you know, concept that the action will be judged based upon the objective ie the intention behind it. So now a person is going to a bar and they're going to have something which is halal, that's halal food that he's having. Okay. So according to this principle, you would seem to understand that it is something permissible to do however, when you understand the secondary

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principles that come under this, for example, the principal and near to salejaw latos law while I'm a little facet, that the righteous intention does not rectify an evil deed, then with this understanding, you would come to see that it is not permissible to go to a bar or to a strip club or to any place that is inherently haraam. It is built inherently for haraam purposes, the primary purpose of that place is for something how long it would not be permissible to go there even to do something valid. It would not be permissible to go there to do something Khaled because the action of being there is impermissible when of itself. Right? In Islam, we have this concept of enjoining

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good and forbidding evil, and we're not allowed to be playing places that already

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inherently evil. And this is seen by the prophet sallallahu alayhi wa sallam even saying that when you pass by places with the zap of Allah subhanho wa Taala came down, hurry in going through those places mean don't spend your time over there you should not be spending time with the adopter of Allah has come down or potentially could come down. So that's the issue with the bar. And that I believe is clear cut. An example that's not clear cut is the example of a restaurant that is headed, but it also serves alcohol at the same time. What is the ruling on going to something like that, as we saw in our discussion, there's a clear difference of opinion. And the same difference of opinion

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that there is amongst the audience also exists amongst the scholars as well. But what I want to share with you is the approach of AbdulKarim rahimullah in the alarm bell marketing, and examine Joaquin, ignore Clarion. He defines places into two different types, what he calls mechanical Mercia, one McCann, Takashi, and Marsha. So you have a place inherently of sin. And then you have a place, which is not inherently of sin. But sin takes place there, but sin takes place there. So the example of a restaurant the example of a restaurant, or the example of someone's home, right, there are always scenes that take place in someone's home. Right, but inherently is permissible. So does

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that mean if someone commits a sin in their home, you can't go and have dinner at their house? Right, so this is the type of train of thought that we're developing. So I have no claim or I'ma holla he says over here, that you would look at the primary objective or the mcsa behind that place, that what is the objective behind that place, if it is primarily and inherently permissible, then going to do something permissible would be permissible there. Even if sin is taking place there at that time, even if sin is taking place there at that time, and Allah subhanaw taala knows best, but this is something that I feel comfortable with that as long as the alcohol is not on your table as

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long as you're not you know, partaking in the alcohol yourself. As long as it's not a culture of alcohol surrounding you like it is at bars, then I don't believe there's anything wrong with someone going to a restaurant where alcohol is being served and this from the from the statements of Abraham Allah in the ultimate mocking based upon this principle, and Omar will be accosted here and we'll take this in more detail next week. The second principle we will be taking is Ali aqui. No lie is Zulu Bishkek. Le akinola Zulu Bishkek that certainty is not absorbed by doubt, certainty is not absorbed by doubt. What's an easy example that you guys can think of over here? Waldo? Explain.

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You can't remember if you have a rule or not. You're pretty sure you do. But then there's that little voice that says, Okay, fantastic. So what is the certainty in your scenario

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that you did not fall asleep or passed wind or? No, no, no, no, the certainty has to be that you made will do? Yeah, so yeah. So the certainty is that you made will do and then the doubt over here is did I fall asleep? Did I pass gas? Did I do any of the things that to break whoodle? Right. So that's something that the Prophet sallallahu wasallam specifically spoke about, that there was a man that's feeling rumbling in his stomach, and he says the Rasul Allah in Salah felt rumbling in my stomach, the Prophet sallallahu alayhi wa sallam, he says, that do not break your Salah upon until you either hear something or you smell something. So the certainty is that the will do is valid. And

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then the doubt is, did I pass gas or not? The prophets are seldom is saying that make sure to make sure to make certain that you did pass the gas by either hearing a sound or that you smell something, and then you would know that your Salah is no longer valid at that time. So in this principle, that is based upon the Hadith of the Prophet sallallahu alayhi wa sallam, and over here you have two components, the component of certainty in the component of doubt, and whatever you are certain about, then that will never be absorbed by that which you are doubtful about. Same thing when it comes to the issue of salon. A person is in Salah they're praying for a cause, they do not

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know is it the third rocker or is it the fourth rocker and they have no way of distinguishing this, then the default ruling is you always go to the lower number because that is what is certain. And then you build upon the lower number and then you build upon the lower number.

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Number three, you have Alma Shaka to label a tayseer as masakatsu a tayseer that hardship brings about ease hardship, brings about ease.

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And this is based upon you know, many texts of the Quran where Allah subhanaw taala he says that Allah subhanaw taala does not wish hardship upon you, and likewise for him to do that with hardship comes ease. So these are based upon the text of the Quran. Now what is an example of something like this, every difficult situation that the Sharia has allowed to

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Bring to be brought forward and is always given a concession thereafter. So for example, we'll take multiple examples actually, the issue of Salah while traveling, the Prophet sallallahu alayhi wa sallam in the 100 chapter of Sahih Muslim, narrated by Abdullah bin on busca de Allahumma. He says the Prophet sallallahu alayhi wa sallam, he combined his daughter and his Oscar and his Margaret and his Asia without traveling without fear and without rain. So they asked of the webinar busca de la Noma. Why did he do this? He said, to make things easy for his oma. So what do you learn from this narration, that the primary reasons why someone would combine their travel trailer or their their

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Salah is for traveling for fear or for rain. And when you have extraneous circumstances, circumstances that are outside the scope of these three things, then even then you are allowed to combine your prayers, but just not on a regular habitual basis. So for example, someone is having surgery or is doing surgery, or someone has a major exam, and there is no way out of it. So that's time they're allowed combining the hot and Oster, and Margaret, and Aisha. Now one of the important things to understand about this principle, because this principle is perhaps the most abused of all of the principles, the most abused out of all of them. Because as human beings, we naturally want

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ease, we don't want to difficulty. So when you hear a principle, like hardship brings about ease, people tend to abuse the east part. But one of the secondary principles under this is Adorato, Toka, daru. Because that necessities are to be given concessions based upon the degree of hardship, and concessions are to be made on the hardship based upon the degree of hardship. So for example, a person is traveling, he faces hardship, does that mean he can skip all of his prayers for one day? No, not at all. The Sharia came to tell us how we can do it the answer together McCullough benicia, together. Another example is that a person is has some sort of infection on their arm, so they're

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unable to make wudu. Does that mean they don't have to pay altogether? No, this is the Sharia came with a concession of performing tiamont. And you can pray that way. There's no water, don't worry, you can make a woman you can pray with that. So the concessions are to be made to the degree of the hardship, you cannot overestimate the value of the hardship and given absolute is. So to give. The common example that we commonly narrate is that a person is in a dying situation in the middle of the desert, right? The only thing they find is something wrong, right? That's the only thing that happened to find either the pig or the alcohol one of the two, right? So in that situation, does

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that mean you can consume the whole pig or drink the whole bottle a bottle of alcohol? And the answer is no. You're only allowed to taking from those to the degree that you need to stay alive. So for example, you need a little bit to stay alive, take what you need to stay alive and don't consume more than that don't consume more than that, because the concession is based upon the degree of the hardship the condition is based upon the degree of the hardship and that is the third principle. The fourth principle is an either Maha karma and either Maha karma.

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And this means that the norms of a people will take precedence the norms of a people will take precedence. And this is based upon the ayat in the Quran where Allah subhanaw taala he says, Why should ohana bill Maduro and live with them? In a matter of narrow meaning the good customs of people, the good customs of people? How do you apply something like this? This is in fact, perhaps one of the most interesting ones, because we'll be talking about cultural and social relevance and how it applies to the city when we come to this principle. So now let's take an example of what we're discussing over here. A man and a woman, they come to get married, the write down in their

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marriage contract that the woman's Mahara, her dowry is going to be that the man will take her for Hajj. That is what the decision has been made as their mother. So now the time for Hajj comes the wife says Honey, I want to cash in on this my heart, I want you to take me for a hedge. So the husband he goes online starts researching student packages, economic packages, people that are booked packages, that's what he's looking for. The wife starts her research. She's looking at private jet, she's looking at, you know, living inside the hot arm. That's the type of stuff that she's looking at. So now, you know, they come to purchase their tickets, and the wife and the

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husband are both shocked at each other. You know, like when I came with this marriage contract, I was assuming I take you with the opposite minimum. And also when I came into this marriage contract, I assumed that you know what we're going to go first class and we want to have the best of everything. So now this case is presented to a judge. How would the judge rule upon something like this, the way the judge would rule upon something like this

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That he would look at the social economic status of this couple and he would find a package that is suitable for that socio economic status and tell the husband that this is what you have to take your life on, tell the husband that this is what you have to take your wife on, because that is the norms of a people will take precedence. Now, particularly this concept is applied in those situations, when the Sharia has not come to clearly define something, when the city has not come to clearly define something, that is when the social norms of the people will take precedence. In all other cases. The case the Sharia norm is meant to take precedence but we'll discuss this in detail. So

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we've taken four principles so far. Alomar will be my Casa de her. Alma Shaka tutaj Liberte, sia la Aquino, la Yasuda Bishkek while other mahkamah and we're left with the fifth principle, who remembers what the fifth principle is? Who knows.

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I'm looking at our three guys over here, because we discussed this quite a lot.

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That's the proof for it. And that is $1 user $1 user, that all hardship is to be eliminated, all hardship is to be removed and eliminated. And this is based upon the Hadith of the Prophet sallallahu alayhi wa sallam ladera, that you are not allowed to have harm, you're not allowed to do harm, nor are you allowed to have harm reciprocated to you, nor are you allowed to have harm reciprocated to you. So this talks about things like suicide, right? A person may think that it's my life, I have the right to do whatever I want. But the principle clearly states that all harm is to be a little more removed and eliminated to the best of one's ability, right. So as a general

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principle of the *tier, than your to remove harms, to the best of your ability. What's really interesting about this principle is that this principle talks about conflicting scenarios. So for example,

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if you were to take a valid example, right, now, let's look at what's happening in Flint, Michigan. Does anyone know what's happening in Flint, Michigan, what's happening, the water quality,

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sewage, is depleted, it's toxic, people that are drinking this are literally dying. That's what is happening. Now I don't want to talk about you know, is who did it and what they did right or wrong. But what I want to talk about is now in this video is coming forth with a solution, we have to look at two major things, we're going to look at the cost of this, versus how many lives are going to be lost versus how many lives are going to be lost. So for example, in a hypothetical scenario, let's just say, cleaning up this mess is going to cause what cost $1 trillion hypothetical scenario, and the people that will be saved, after all, the damage has already been done, you'll only end up

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saving one life is the cost of $1 trillion, equivalent or enough, or sorry, the reverse is the cost is the lie the cost of one life equivalent to $1 trillion or not. So that is what the cause is going to be looking at I when the solution is proposed. So that's like a more black and white. And we're not talking like that's more of a gray area scenario, that those that value life will say yes, spend as much money as you have to even if it means saving one life, those that come from a more capitalistic background, they're like no, in order to save just one life. $1 trillion is not worth it, it's going to put the country in debt, the city and debt, and it's going to cause a whole bunch

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of other problems that will have an economic backlash. So under this principle, you will talk about To what degree would the *tier eliminate harm at the cost of another harm. And the specific principle that we're going to be looking at is that when you have a situation, where two evils are present, the lesser of the two evils must be taken. When you have a situation where two evils are present, the lesser of the two evils must be taken. Now from a Sharia perspective, what are guidelines that you would look at in terms of greater evil and lesser evil? So one of the clearest examples of this is that of communal harm versus individual harm. So preventing harm to a community

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will take precedence over preventing harm to an individual. So the lesser of the two evils is clearly preventing the harm to the community, as opposed to preventing the harm of the individual. So those are the five major principles that we call a colloidal kuliah or alkali, the faqeer and Cobra, those are the titles of them. Now, the secondary principles, we've given you examples of some of them already adorato tocado, because this is an example of a secondary principle. inshallah, when we take each of the individual principles, we will talk about their sub principles, as well. We will talk about their sub principles as well. Now we'll quickly look at how did i licklider faqeer

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evolve, meaning how did we get to this concept

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Have a title for Korea. So the way we got to this is that in early traditional Islam, as you came to see, a lot of these are found in prophetic statements or in Ayat of the Quran. They're very explicit. So they were mentioned as the Hadith and the ayat.

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So when you look at the supernovae, mammoth tirmidhi, even though it's a book of Hadith, he will have chapters that will have titles similar to the collider faqeer. So they were saved in that sort of tradition, where they stayed in the original form of the statement of the prophets of Salaam or a statement of Allah subhanaw taala. From the Quran, then the second stage of the evolution was the evolution of film itself, when the books of filk were actually compiled. So we're talking about, you know, third and fourth generation now, when they're actually starting to be written, then the scholars would use these principles, summarized versions of them,

00:30:54--> 00:31:06

as opposed to using Hades, or the idea of the Quran. Now, I want you to think about why would scholars use principles instead of iOS or Hadith as their proofs in the books of filk? What are they trying to save themselves from?

00:31:13--> 00:31:16

Was smirk on your face, Ibrahim, like you want to say something?

00:31:18--> 00:31:18

You don't know.

00:31:21--> 00:31:34

Okay, so that's one thing of it. So when you know rather than having to do research is the Hadith authentic or not? This principle that's already there, you don't you don't have to look at his authenticity, because it's already agreed upon. So that's one way. But the second thing,

00:31:35--> 00:32:08

what I was really trying to get at is that when you're mentioning ayat, or you're mentioning Hadith, you have to be quite specific in terms of the wording, right? Because there is that, that former there is that sanctity that needs to be retained, but worthy with these principles. One thing that you'll come to see is that each method has their own way of wording these principles, they use different technicalities and different wordings. So they didn't have to be as specific. And that is why the scholars felt more comfortable using these principles, then the IR the Hadith itself, one because of the issue of authenticity, you didn't have to look into it, and to because you didn't

00:32:08--> 00:32:31

have to be as careful and as meticulous with the wording itself. Then the third phase of unquiet faqeer is now when you have individual books on this topic being written, so you have a famous book by Mr. masucci, Alaska, Nevada. So in the Shafi method, all the collider that they have from from folk, likewise, in the Hanafi matter with the exact same title, Allah Shiva who another

00:32:32--> 00:32:57

if I'm not mistaken by IGNOU, immuno Jain, he is the one that wrote that book, if I'm not mistaken. And then each method they compiled their own books. And now in this day and age, literally, you will find, you know, 10s of hundreds of books. One of the most comprehensive books that is out is published by a publishing company called My sister was Satori seller by Syrian scholar called

00:32:58--> 00:33:21

Borno. And what he's done is he's taken all of the principles and compiled them together. And it's approximately 17 volumes. Likewise, the full council out of Jeddah in 1994, the past, I guess, a bursary or a grant for a project, which was to research all of the collide faqeer all the collide, or solia.

00:33:22--> 00:33:58

into into one project, and they released it online. I don't remember the name offhand. But it was just completed about you know, five or six years ago, and it's free for download. And this talks about the collide foci. And they will collide or solia. In like eight different modalities, you'll be thinking what are the eight mazahub they are the four that we know have already the ad Zawahiri might have to it, then they add to sciama tubs, the Mamiya and the idea, and then they add the about the to it as well. And that's how they got the eight madhhab. So they put all the eight madhhab together, and they published this research in like 42 volumes if you buy the collection, or you can

00:33:58--> 00:34:14

get one CD or now you can actually just download it off the internet. And it's like one or two gigabytes to download. And it's a very worthwhile project because it talks about all the different wordings all the different proofs, all the different scopes of application, which is very interesting to look at

00:34:15--> 00:34:22

notes in Arabic, it's an Arabic If you wanted to get something in English what would be available in English

00:34:24--> 00:34:53

The only thing I know in English is a is a master's thesis which I have downloaded if you'd like that I can forward that to you what he's done his he's researched 114 of the Maxim's their scope and their their analysis of that. And I think if I'm not mistaken, particularly from the Shafi method, no sorry. It was a research on on how Apple has applied these Maxim's so that's what the research paper is about. I can share that with you inshallah. That's the only thing I know of in English. And then also there's a couple of classes online that chictopia is

00:34:54--> 00:34:59

the very first class he launched for COVID. I can't remember what it was called, but it's on alcl idol faqeer

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So if those notes are available, that'd probably be something to look into as well. Now the last thing we want to get into

00:35:07--> 00:35:49

all colliders up here, a proof within of themselves, meaning can they be used as a proof when of themselves. So there are two groups of people that will be using alkali that's up here. And I want to emphasize this. Over here, there are only two groups of people that will be using alcohol for here. One of them is a scholar. And the other one is a judge, one is a scholar, the other one is a judge. What you need to understand from that statement, is that just because you've learned these codes, here, it does not mean you've studied all of filk. And people should not be using these codes for peer to make HD highs for themselves, and to come up with rulings for themselves. Now, a lot of

00:35:49--> 00:36:24

the times people think that once they've studied are quite clear, they have a good understanding of filk know, you have a good understanding of some of the conclusions of filk. So you hear like ridiculous things coming out, or I'm not feeling well today. So you know, hardship brings about ease, so I can sleep through a prayer, right? These are the sorts of ridiculous things that come out when you know anon much the head and tries to use this quite appear. So that's a disclaimer that needs to be given over here that we're sharing this, just as an introduction to the topic of fact, just so that people have tools of understanding, not tools of extraction, understand the key

00:36:24--> 00:36:38

difference. So now what is the difference between a caddy using alcohol for here and a scholar using a colloidal faqeer. When accardi is passing a judgement, he can use the collide faqeer as a

00:36:39--> 00:37:20

as a secondary proof. So for example, when he's writing out his judgment, he can mention that we have a guide afriqiyah that says so and so. But in the judgment, he also has to mention the proof that he's using for that kind of work here. So it's not a win win of itself that he just used the kind of a clear as a proof win of itself, he actually has to mention a specific text from the Quran or the Sunnah origin that he is using to pass his judgment as that is what will hold weight, the pie, the fact here will just be a secondary proof in his judgment, and not a primary proof. When the scholar is using the quiet for clear, he is not binded by the same restrictions, particularly when

00:37:20--> 00:37:53

he's using the major principles, he can pass them off as a proof, because this is something that is agreed upon, and it is only a student of knowledge that will be reading this work. So you understand that the student of knowledge will do his own due diligence when understanding what the scholar is writing. So we will pass it off as a proof and it's not a problem. So a scholar is allowed to dimension a kind of a key as a proof. And a person cannot say this is not a valid proof. This is not the answer nor Aegina. In fact, from the from the discussion of his score, this is something that he would be allowed to use as something that he wouldn't be allowed to use. And I think we will

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conclude with that for today. And open up the floor for q&a will now turn to Adam Sinhala, who sent him an article Nabina Muhammad wa ala alihi wa sahbihi at night. So what I would like to hear from you are your questions or if you have particular scenarios that you want to study through quite clear that I can bring them up when they are relevant inshallah. Go ahead. Yes, yes.

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

is very good.

00:38:19--> 00:38:21

In different conferences, you know,

00:38:23--> 00:38:38

you trust me and that is true. You try trust me, trust me, you get me 12 grands on hard to my 20 grand on a buy this, this car is for my livelihood. And you know, it's true, your friend, right? And so now,

00:38:39--> 00:39:17

I said why I want to learn Korean because you have one plus the interest is very low 3%. whereby we use credit card interest is like 30%. Right. And that can be within two, three months, and we believe that he's going to pay. And he has it's not someone who is suffering as it is. And here is money, but the money is always given month as well as to pay rent. And he's not working because his guy's using right now. So now he's stuck. He has no work and this is his income to build out and I know it's true. Can you use line of credit? My first question would be why do you have a line of credit to begin with in the first place?

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

You know,

00:39:24--> 00:39:59

I think the safer thing to do is even if the bank offers it to you, a Muslim should never accept it. It's a trap. It's like when people give you free credit cards like please come and take our credit card for free. It is a trap, right? So these sort of situations you want to abstain from altogether. Now the second part of this scenario is that this person that is in a situation they need to learn to learn to live within their means, right? They have a difficult situation. Getting involved in the contract that has a rebar in it is going to make the situation worse, and dealing in a contract with the labor would only become permissible

00:40:00--> 00:40:06

When there is a dire necessity that is involved, if there's no dire necessity dealing with the labor is not permissible.

00:40:08--> 00:40:50

So to give you a clear example, is that a person has run out of food, his wife and kids are completely hungry, he has no money whatsoever to his name. And there's no one that he can borrow money from. However, he does have a credit card. So he goes, and he uses his credit card, and he accumulates this debt until he's able to pay it off, that will be considered a dire necessity. Now, what I would change your scenario into is, a person has taken a loan, okay, I'm sorry, he a person is using a credit card. And on this credit card, they've accumulated something like $10,000 worth of debt. And as you mentioned, they're paying 30% annually on this credit card, TD releases a program,

00:40:50--> 00:41:29

we will consolidate all of your debt at a much lower rate of 3%. Is it permissible for him to take this consolidation? Is it recommended? Is it mandatory? What is he to do in this situation? Now in that sort of situation, Allah Subhana, Allah knows best, but he would actually become highly recommended for him to do that. Because the minimize the amount of Riba that he has to be paying is mandatory upon him to minimize it is mandatory. And this is one of the ways that Allah subhanaw taala has opened up for him, so he's still paying your labor, but at the same time, it's a much lower lower form of labor. So that's something that we could possibly discuss. Any other questions?

00:41:29--> 00:41:31

Yes, go ahead, using

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


00:41:35--> 00:42:14

without a shadow of a doubt, without a shadow of a doubt. Now, something that I would add over here is that in this day and age, there's a lot of talk of reforming the Sharia that the Sharia needs to be reformed altogether. When you look at this statement, this is coming from an individual that has no understanding of Islam whatsoever, because the Sharia as a whole, it was revealed by Allah subhanho wa Taala to be applicable in every day and age and time from the beginning of time till the end of time. Now, what needs to be overhauled is our approach to filk. So for example, something that that in terms of eBay that I don't think things need to be changed, but in terms of what am I

00:42:14--> 00:42:51

that there is room for upgrading, because what the way that I'm allowed to place at the time of deposit some are not necessarily the way that took place in this day and age, those those sort of things, the fic can definitely be changed. And that is why when you look at a fatwa, a fatwa is taking into consideration, time, place and situation. And I'll give you a very real scenario that happened. So the past Ramadan, we started volunteering at the Calgary dropping Center, which is a homeless shelter, and we serve food there. So in one of the days of Ramadan, they had no one to serve food, there was no group that was could come in and serve food, meaning that 1500 people would

00:42:51--> 00:43:27

potentially go struggling without food that night. So they called up and they're like, hey, can the same information society take this day? And we had to make a judgment call that, you know, generally speaking, we're going to be fasting at that time. And when you're fasting, you're not supposed to be eating yourself, nor are you supposed to be feeding food to other people. So would it be permissible or not now one of the brothers, he comes and he's like, I have a fatwa from Islam q&a, and it says that in the month of Ramadan, even when you're fasting, even if it's a non Muslim, you're not allowed to be serving food, meaning that you're a restaurant, are you allowed to serve food in the

00:43:27--> 00:44:01

restaurant? So he comes with this fatwa. And he's quite argumentative, like he, he was very, I don't know what the word is, but argumentative. So I told them, Look, this photo was completely valid in the Muslim country, when you have a Muslim land where everyone is fasting, and all the restaurants are closed, for someone to open up and make mohalla for the Sharia openly like that, yes, it will be impermissible. But when you're in the land with a non where the majority of people are already not fasting, and in this situation, they are the homeless people. It's not as if people are buying and selling the word you're serving food that needs to be served to the homeless people. I don't see a

00:44:01--> 00:44:21

federal being that far to being applicable over here. And it went back and forth. Now this person took a photo in a particular context and tried to apply it in a different context. And this is not the nature of a fatwa. But rather each situation requires its own tailor made fatwa, rather than transferring one photo over to the other. I hope that answers your question. Well, no foul inshallah, go ahead.

00:44:32--> 00:44:33

give an answer.

00:44:34--> 00:45:00

So we have a principle in physics that says like the hide my will, God knows that there's no room for interpretation when you have something explicit. So for example, if someone wants to come and say that, you know, we live in a day and age that is very difficult. Praying five times a day is too hard. So you know what, I think we should cut down the prayers to twice a day. We'll pray the heart and we'll pray Maghrib and, you know, everything else will

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

Let go. This sort of HD hide is not allowed. Why? Because we have an explicit pneus from the Prophet sallallahu alayhi wa sallam that he told me either bingeable that you're going to align of the disbelievers teach them to pray five prayers in every day and night. Right? He taught them to do this. This is not there's no room for he had. So in a situation where you have an explicit text or Quran and Sunnah, then no principles would be used at that time. But in a situation where there is no explicit IO or Hadith, then principles could be used at that time, and it would be allowed Allahu Tanana.

00:45:34--> 00:45:38

Go ahead. So going back to the restaurant or bar example. Yeah.

00:45:40--> 00:45:57

Everyone in this society is, alcohol is a big part of the culture and at work, or if you're doing sales, or networking or relationship building and business, people often want to go to a bar or just restaurants have dinner and people will order alcohol.

00:45:59--> 00:46:11

Yeah, and of course, you're not drinking there. So what's gonna, how would you think through that sort of solution where? Yeah, you can you can redirect sometimes the group to some, you know, more headed place, but sometimes.

00:46:13--> 00:46:20

So a restaurant that serves alcohol, as I said, the conclusion from from my discussion is that it's perfectly fine, you're all you are allowed to go there.

00:46:21--> 00:46:54

So that's a different case scenario, people on your table ordering alcohol. So now in this situation, if these are close workers of yours, and you have some sort of authority over them, or you have some sort of relationship with them, then you have to tell them, Look, I can't sit at a table that alcohol is being served. So in that situation, you have to be upstream and forward and say it's not allowed in the situation where it's a one off situation where it's like a business contract, and you only have one meeting, and there's no authority and there's no relationship built in advance, then in that situation, certain scholars have allowed it. Now what I would say is, if

00:46:54--> 00:47:29

you are in that situation, that requires a tailor made fatwa, that's not something that you'll give him a general concession for. But what I will share with you is a business practice that she hasn't told me about where this person, his main job is closing contracts, he comes to seal the deal. So anytime there's a contract that needs to be negotiated, they're like, let's go to such and such restaurant. And he's like, Okay, no problem. So he tells he comes with a sort of, you have the party that's buying your product, and you have the person closing the deal, this person will come, they'll close the deal. And then they'll order the food and the drinks, all of that, after he leaves and his

00:47:29--> 00:47:50

business, if you have an associate that will attend the function on their behalf. So this person, he's not even a part of that he's closed the deal, and he's left right away. So in this sort of situation where you are trying to close the deal, try to do it at the restaurant, before the alcohol arrives, sign the deal, and leave and let someone from your company represent your company instead of you. That's what I would say, now it gets even more trickier.

00:47:52--> 00:48:28

You know, the president of the ISC, he does sales, and from time to time, he has to take them to restaurants, and you know, talk about contracts, and stuff. So now, those clients, you can tell them, hey, since I'm treating you, I don't want you to automate alcohol, right? It doesn't really work like that. So what is the way out of that, the way out of that is, it's the company's credit card, it's not your credit card, so the company is paying for it, and you're not paying for it. So that sort of situation, you get a tailored need for what to get you get you out of your situation. And that's what I always tell people that, you know, you may find a situation difficult. Don't take

00:48:28--> 00:48:35

it upon yourself to come up with a conclusion, but go and speak to a scholar, and you'll find your way out of it. stead, Allah,

00:48:39--> 00:48:56

there must be an act of love. I mean, there might not be movies within of themselves, but they're people that have access to movies. That's what I can say. Yeah, yeah. So it's like in the spur of the moment, you got to do what you want to do. But if you can foretell the situation, then get let's get a tailor made photo instead, well outside on

00:48:58--> 00:49:04

either the left side, everywhere, this restaurant where the right?

00:49:06--> 00:49:45

If you have this option, you have option to go to the restaurant that doesn't have a pole. I think you apply this rule right? Mix the lesser of the two evils. Right? Why would you say it's fine to go to the restaurant? So what we're talking about is halal and haram and not what is Allah? There's a difference between halal and haram and which is Allah. So our scope of discussion is what is highlighted and how long as what is over 110% support a Muslim business that doesn't simply serve alcohol is Allah without a shadow of a doubt. But what we were discussing, is it permissible to go to a restaurant that serves alcohol? That was the scope of our discussion?

00:49:50--> 00:49:51


00:49:52--> 00:49:56

yes. Well, you're good to go to the restaurant with

00:49:57--> 00:49:59

your Hello or visit

00:50:00--> 00:50:05

For me, I believe it's pure Khaled because the astral of the Macan is pure.

00:50:06--> 00:50:26

And this is what I'm trying to tell you is that you have mechanical maaseiah one mechanic if you can master the mechanical maaseiah even if you want to go and do something Hallelujah, you can't go there. But McCann, Takashi amasya. These are all the places they I mean, they said beighton min butina illa. Taka Masha? Allah Caulfield alika Nicola, Natasha Alana Dr. Heidi Hellmuth.

00:50:31--> 00:50:35

Not omocha oma Cavalli Sheikh Omar cabeza Sheikh

00:50:39--> 00:50:54

I don't know who said that, but I'm telling you according to the Quran, Amal COVID is Schick. So now Yes, I agree with you. This is Kabira, middle kabyle. But in this situation, it doesn't change the ruling over here, right? It doesn't change. Well, well, the shake is greater

00:50:55--> 00:51:27

smell and put on when you go to the restaurant. You just enter the restaurant you smell right. Now let's change the scenario around a little bit. What is worse Shrek or alcohol shake without a shadow of a doubt. yet here we are living in the lands of chic. They're all it's all around us. We're surrounded by people that are committing *can Cofer all the time. We're here to do something highlighted, which is to live and to earn our risk. Are we going to say that we're not allowed to live here? Because sir, we're surrounded by *can, Cofer. And that is unworkable.

00:51:30--> 00:52:03

But based upon what based upon what, based upon a Model B Mikasa D, which is what we're teaching today. So inshallah we'll be taking this in detail. But like I said, the conclusion that we came with, I feel comfortable with that conclusion, and you are allowed to disagree. You're completely allowed to disagree. No one should ever say, you know what, this opinion was forced upon me or anything like that. If someone feels comfortable in other opinion, by all means, they're more than welcome to and like I said, the scope of our discussion is not what is better to do. But what is allowed to do, and it is better without a shadow of a doubt, go to a Muslim business that does not

00:52:03--> 00:52:14

serve alcohol. However, if the situation arises where you do need to go to a restaurant that serves alcohol, and I believe that is permissible as well, Allahu Tada, go ahead. And

00:52:16--> 00:52:18

Google Explorer for buying houses.

00:52:23--> 00:52:24


00:52:26--> 00:52:26


00:52:28--> 00:52:50

So Sheikh Hassan, he gave six holocausts on this, he gave six halachos on this, they're on YouTube, and you can watch them they're about one hour long each and he talks about the photo in detail. So rather than me just explaining it in like 510 minutes, it's better to watch that in detail where you get a clear answer on that. Allahu taala. God will conclude with that spank alone will become the question when I learned how to be Nick