Owais Fasih Siddiqui – Discussing Fiqh, & Madhab Differences

Owais Fasih Siddiqui
AI: Summary ©
The speakers discuss the use of the title of the Bible and Sun wak in establishing a title and the importance of proving the connection between multiple narrators. They emphasize the importance of understanding the rules and following a method to determine the best approach. The use of multiple interpretations and the importance of proving the truth of the people they are following is key for understanding the accuracy of the title. The discussion of the opinion of the community is key for finding the right teachers and finding the right teachers.
AI: Transcript ©
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Imam

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well, Mufti. Right? Yeah. Mufti, welcome to Euricom

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Masjid.

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A lot of times in social media, people

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often they they have, like, you know, social

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media influencers

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or people they follow,

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or, like, when they have questions about relating

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to the dean, they just look up things

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on on Google

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and

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like, Islam q and a and stuff like

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that when they don't know how what the

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rulings are regarding a certain situation,

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and what are the appropriate steps,

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one should take when it comes to specific

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rulings and asking questions.

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Alright.

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Before we get to the subject, I wanna

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ask you, what is the difference between a

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Mufti, an imam, and a sheikh?

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Okay. So

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throughout in our in our context, when we

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say Mufti, it's it refers to someone who

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studied fiqh in more depth. So that is

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what a mufti.

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And in the Ottoman Empire, it would refer

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to someone that would issue verdicts. In our

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context, it refers to someone who has studied

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fiqh in more detail and is able to

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create the convey the correct,

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the ruling which has been already given by

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the classical scholars.

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So

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you being a Mufti then, what what is

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fiqh? So fiqh is in simple words, is

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tashara, is a commentary, is the explanation

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of the Quran and Sunnah.

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From Muslim,

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Islam is to

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obey Allah and his Messenger alone. And in

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fact, even the loyalty that we have to

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the Messenger of Allah

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is only because it's

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a part of the loyalty we have to

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Allah

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Allah says, 'Abi Allah

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and His Messenger.'

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So when it comes to

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how are fiqh rulings derived, the two main

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sources that we have for fiqh rulings is

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the Quran and the Sunnah. These are the

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primary sources.

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And then you have 2 secondary sources. The

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secondary source for fiqh is the Ijma'a, the

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consensus.

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The consensus of the Sahaba

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and the consensus of the other ulema that

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came after.

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And you have payas. This

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doing analogy.

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This analogical reasoning. For ex for example, if

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the Quran is mentioning

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that hamar is impermissible.

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Now do other what ruling do other intoxicants

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have? That's not mentioned in the Quran or

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the Sunnah. So Qiyas would be to apply

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a ruling that's in the Quran or Sunnah

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and extend it to something else. So these

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are the four main sources the 2 primary

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being the Quran and the Sunnah And then

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you have the Ijima, the consensus of the

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Sahab and those ulema that came after in

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every generation,

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and Qiyas. This analogical reasoning, these are the

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sources of Islamic law.

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So since you said,

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it goes back you know, it starts from

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Allah, then the Messenger, and then you have

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the,

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Sahaba

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and the ulama afterwards and stuff like that.

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Does that include people, today? Can people from

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today kinda just

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come up with, like rulings and have their

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own kind of,

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like,

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jurisprudence?

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So one very important point is that scholars,

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they're not

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giving a new ruling.

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Right? What they are doing is they're

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interpreting

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the

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rulings

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interpreting the Quran and the Sunnah.

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So they're not lawmakers.

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Right? They're kinda like the judges.

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Right? The judge is not making new law.

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That's something that's already that's done by the

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elected officials.

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They're just implementing

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or conveying the correct

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they're conveying the correct message. Right? They're conveying

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they're applying the, the laws to the and

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conveying that. So that's the job of the

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ulama.

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They're not lawmakers. Rather, they're conveying and interpreting,

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giving the correct understanding of the Quran and

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Sunnah.

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Alright. So

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just to for my understanding, a mufti would

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be somebody who studies

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the laws regarding, you know, laws of Islam

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and, how we should basically

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judge between ourselves and how we should,

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handle each situation based on the Quran and

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the sunnah that's been passed down from,

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the prophet and the Sahaba.

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Yeah.

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But generally

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it's not you don't have to be a

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Mufti to understand Fiqh. Right? Fiqh is something

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that was taught traditionally

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at a at a very beginning elementary age

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2. Right? And your elementary studies Fiqh was

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taught and people had an understanding of what

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the madhayib were and what fiqh is.

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And

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this is very important to understand that again

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fiqh is not someone is making new laws.

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It's rather giving the correct interpretation.

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Right scholars are not lawmakers they're just interpreting

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the law and there's a need

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for scholars why Allah

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himself makes a distinction between the learned and

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the non learned amongst the Sahaba

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you have those that were learned

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such as the Fulfillifah Rasheedin

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and then the 3 'Abdulillah,

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Masood Abdullah bin Abbas, and Abdullah bin Namr

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and

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Mu'ad bin Jabal Aisha

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So amongst the Sahaba, you had those which

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were known for their fiqh and their knowledge.

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And the other Sahaba, they would go to

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them and ask them questions when they had.

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So this distinction,

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it was from the time of the messenger

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between the learned and the non learned.

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So, a lot of times when you hear

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a you also hear the word like.

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So

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usually

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now the 4 most prominent ones that we

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all know about,

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but a lot of times sometimes people are

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get confused. Like, what what is a mudhubs?

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Yeah. So a mudhubs,

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again, it's

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there are certain

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it's the it's a certain methodology

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methodology that they are following to arrive at

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a certain conclusion.

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So for example

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and for example, according to one Madhub,

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they will accept this hadith based because it

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fulfills a certain unwanted conditions. These conditions that

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they have in another mother might not accept

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that hadith. So based on that, there's gonna

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be an impact in fiqh.

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So when we think about Madahi,

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and we think about another word which is

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commonly used is taqleed. Have you heard that

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word before? Yep. Taqlid.

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So when we think of Taqlid, the following

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a madhab, following a school of thought, what

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does that entail? It doesn't entail following them

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in beliefs.

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The core beliefs that everyone has, though, there's

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no difference of opinion in those. There's only

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a difference of opinion in these subsidiary laws.

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These fiqi rulings.

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So there's going to be no takleed when

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it comes to things which are the fundamentals

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and the obvious. There's only takleed in those

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things,

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for example,

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which are not clearly mentioned in the Quran

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or Sunnah. That's one example.

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There will be

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a falling of a madhab in those messiah,

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right, those

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which seemed to apparently contradict each other. Those

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ahadith and ayaat would apparently seem to contradict

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each other. There would be

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a fiqh approach in that. Right. There would

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be fiqh, for example, in those Ayat, which

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are which seem inexplicit. They're not so clear

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as what is intended by them.

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And

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there will

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be fiqh when it comes

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to those tulsus which are open to multiple

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meanings. So Quran and Al Hadith which have

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multiple interpretations. There's going to be fiqh involved

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in there. Meaning one scholar

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might prefer one meaning based on this reasoning

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another scholar might prefer another meaning based on

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this there'll be fiqh when it comes to

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those Masai

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that are mentioned but their hookum is not

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mentioned whether it's Farhad Wajib or Sunnah

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so fiqh is restricted to these Masai

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So I'll give you to give you an

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example to make it clear. One example I

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mentioned of the Khamer. Khamer is impermissible.

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But does that

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apply to other intoxicants?

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Now that's something that Fiqh will tell us.

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Right? So based on that, can we do

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qiyaz? Can we apply

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the prohibition that's in hamart or intoxicants?

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That's a fiq discussion.

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So

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for another time fiq will be applicable will

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be, for example, in those missile

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which seem

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to be contradicting each other.

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For example, you have the hadith of Wal

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bin Hajj al Din Midi. He says that

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Rasulullah Sallallahu Alaihi wa sallallahu alaihi wa laihi

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wa laddalin faqalaamin

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wamadabiha sota and then he said amen loudly.

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And then in in the same book, Tiramidi,

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you have another narration from Wael bin Khajar

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that says that that

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he did not say Amin loudly. Rather he

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said it softly.

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So

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this is again, do you have 2 narrations

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which seem to apparently contradict each other. So

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over here,

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there is going to be fick involved. Right?

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So the one which the head will give

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preference to one narration based on this one

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which that will give preference to or to

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another narration based on certain proofs. So the

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common question is that why don't we just

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accept the Sahih Hadith and move on?

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Right. That if there's a difference opinion,

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why don't we just accept the Sahih Hadith?

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So this cut so this brings us to

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the question of what is Sahih Hadith? What

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defines

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Sahih Hadith? What are the conditions?

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And you'll see once the conditions are mentioned,

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you'll see that within those conditions there's a

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difference of opinion on how you establish those

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things.

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So because of that, you will have an

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impact in fix. To give you an example.

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Let me take

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open the example.

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For example, when it comes to the validity

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of a hadith, to act upon a hadith,

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it needs to be sahi.

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There are 5 conditions that must be present

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to classify a hadith as sahi.

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It needs to have a connected chain. It

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goes back to Rasulullah

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the integrity of the narrator must be proved

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that he must be a person of taqwa

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the accuracy of the narrator must be proved

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that he is a person of strong memory

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he's sane mature

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and the text and the chain must be

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free from any error

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So this is what a Sahih Hadith is.

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So now what does a connected chain mean?

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Imam Bukhari

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He says a connected chain

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is when you have evidence of consecutive narrators

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narrating meeting each other.

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That when it's proven that this narrator met

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this narrator. It has to be proven.

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And whereas Imam Muslim says that no. It's

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not necessarily

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that it be proven that this narrator met

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this narrator.

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There doesn't need to be some witness

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that mentions that no, these 2 met.

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But he says that is

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enough. That there needs to be a possibility

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of them meeting. So for example, if one

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person is narrating

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from another person,

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it needs to be proven that it's possible

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for these 2 people to have met. Meaning,

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they lived in a distance from each other

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where it was possible

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for them to meet each other. Or he

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passed away at this time, and yes it's

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possible that at this age he traveled over

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there and met him. It must be possible.

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You don't need to prove through another witness

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that they met. So there's a difference

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in the approach that Imam Bukhari takes and

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Imam Muslim takes. In regarding what is a

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connected chain. So you can see from that

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you're gonna have a have a impacted fiqh.

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How will that impact come is that 1

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Mujtahhid,

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one expert

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might accept these ahadith because they have

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because they fulfill the conditions of Imam Bukhari

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with Subut Al Lika

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and derive rulings from those ahadith.

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Right. Whereas

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he may reject those ahadith which do not

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fulfill that condition.

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If you take Imam Muslims condition which is

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just in qaanul luka, that there needs to

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be a possibility of them meeting. So he

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may reject those ahadith and not derive rulings

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from them, because it doesn't meet his condition.

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Whereas another Mujtadh might take Imam Bukhari's approach

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and then he's able to, take those ahadith

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that fulfill this condition and then it fulfills

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the above and fulfills the above condition,

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and derive rulings from both a Hadith.

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So sometimes that

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in the the methodology,

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there's a difference of opinion in the methodology

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and that impacts FICC.

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Another

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difference of opinion can come with regards to

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Mursul Hadith.

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A Mursul Hadith is when the Sahabi is

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omitted. So Tabi is narrating something.

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He said that Rasulullah Sallallahu alaihi wa sallam

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said this.

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He's not mentioning the Sahabi,

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But he's mentioning that Rasulullah Sallallahu Alaihi Wasallam

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said this. So would you accept a Mursal

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Al Hadith? So there's a difference of approach.

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Imam

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Abu Hanifa, Imam Malik, Imam Ahmad, they say

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that it's reliable. A Mursal report is reliable.

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Why? Because these are the best of generations

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narrating.

00:12:16 --> 00:12:18

So even if they omit the Sahabi, it's

00:12:18 --> 00:12:19

understood that they took it from a Sahabi,

00:12:19 --> 00:12:21

and they're narrating it forward. Whereas, Imam Shafi

00:12:21 --> 00:12:25

says that, Mursul Hadith will be accepted only

00:12:25 --> 00:12:27

if it means these five conditions. It's supported,

00:12:27 --> 00:12:30

for example, by another Musnath connected hadith, or

00:12:30 --> 00:12:31

it's supported by

00:12:31 --> 00:12:32

a saying of a Sahabi.

00:12:33 --> 00:12:35

Right. So there needs to be other evidence

00:12:36 --> 00:12:38

to the to accept the Muslim Hadith. So

00:12:39 --> 00:12:40

again, the methodology.

00:12:41 --> 00:12:43

Right. Is going to impact Fikth. Right. If

00:12:43 --> 00:12:44

if we go by

00:12:45 --> 00:12:46

group 1's methodology,

00:12:47 --> 00:12:49

they will accept more ahadith and will be

00:12:49 --> 00:12:51

able to derive more rulings from those. Whereas

00:12:51 --> 00:12:53

if we go by group 2's analogy, they

00:12:53 --> 00:12:55

might reject some ahadith because it doesn't fulfill

00:12:55 --> 00:12:58

the condition and those ahadith will not be

00:12:58 --> 00:13:00

suitable for them to derive akham rulings from

00:13:00 --> 00:13:02

them. So the difference in methodology

00:13:02 --> 00:13:04

when it comes to another condition when it

00:13:04 --> 00:13:05

comes to Sahih Ahadif

00:13:06 --> 00:13:08

is that the narrator must be 'Adil Upright,

00:13:08 --> 00:13:10

Righteous, and Person of Taqwa.

00:13:10 --> 00:13:12

Now how do you define a person who

00:13:12 --> 00:13:13

is righteous?

00:13:14 --> 00:13:15

There's a difference in methodology.

00:13:16 --> 00:13:18

One group will say that to prove Adala,

00:13:19 --> 00:13:19

trustworthiness,

00:13:21 --> 00:13:23

there needs to be testimony by people

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

that this person

00:13:25 --> 00:13:26

is a trustworthy person.

00:13:27 --> 00:13:28

Another group will say no. There's there's no

00:13:28 --> 00:13:30

need for a testimony.

00:13:30 --> 00:13:32

There must not be any criticism made on

00:13:32 --> 00:13:34

against him. That's that is sufficient to make

00:13:34 --> 00:13:37

him con to say that he's Adil. So

00:13:37 --> 00:13:37

again,

00:13:38 --> 00:13:40

because of the difference of approach in the

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

methodology,

00:13:41 --> 00:13:43

that's going to impact which a hadith you

00:13:43 --> 00:13:46

accept. And because of that, fic will be

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

impacted.

00:13:47 --> 00:13:49

So the fic is impacted because of the

00:13:49 --> 00:13:51

a difference in the methodology.

00:13:51 --> 00:13:52

Right?

00:13:53 --> 00:13:53

And

00:13:55 --> 00:13:58

also fiqh is impacted because many times the

00:13:58 --> 00:14:00

ahadith they're reviable manah.

00:14:01 --> 00:14:02

To understand that the Quran

00:14:03 --> 00:14:05

is reviable love. That whatever

00:14:07 --> 00:14:07

Rasulullah

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

whatever was revealed

00:14:10 --> 00:14:10

to Rasulullah

00:14:11 --> 00:14:13

he conveyed that exact same thing. Alright.

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

And the words are unchanged.

00:14:16 --> 00:14:18

Right. Whereas when it comes to ahadith,

00:14:20 --> 00:14:21

whatever the Messenger

00:14:22 --> 00:14:24

said, the Sahaba conveyed

00:14:24 --> 00:14:28

those ahadith forward, but they conveyed it in

00:14:28 --> 00:14:31

their own words. They didn't convey word to

00:14:31 --> 00:14:34

word what Rasulullah Sallallahu Alaihi Wasallam said. This

00:14:34 --> 00:14:36

is called Rebayah Bil Mana.

00:14:36 --> 00:14:38

So it's possible that you have 1 per

00:14:38 --> 00:14:40

narrator that narrates it with this word. Another

00:14:40 --> 00:14:43

narrator narrates it with a different word. And

00:14:43 --> 00:14:44

because of that, that impacts fiqh.

00:14:58 --> 00:14:59

A deceased,

00:14:59 --> 00:15:02

there's falashayya alayhi, there's nothing against him.

00:15:03 --> 00:15:04

Right? Meaning it's it's it's

00:15:05 --> 00:15:07

a good act, it's a rewarding act, and

00:15:07 --> 00:15:08

there's no sin on this person.

00:15:09 --> 00:15:11

Whereas another another narration

00:15:11 --> 00:15:12

says, Mansalaalalalal

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

Janaza Fil Masjid Falashay Allahu.

00:15:16 --> 00:15:18

Right. The change of the last there's nothing

00:15:18 --> 00:15:19

for him.

00:15:19 --> 00:15:22

So the the group that accepts the first

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

Hadith

00:15:23 --> 00:15:24

will say that it is permissible

00:15:24 --> 00:15:27

to pray Salatul Janaz in the Masjid. Whereas

00:15:27 --> 00:15:29

the group that goes by the second hadith,

00:15:29 --> 00:15:31

right, they will say it is not permissible

00:15:31 --> 00:15:33

to pray Salatul Janazah in the Masjid, it

00:15:33 --> 00:15:34

must be prayed outside.

00:15:34 --> 00:15:37

So because a hadith are revaiable ma'ana,

00:15:39 --> 00:15:40

they are narrated forward,

00:15:40 --> 00:15:42

They're conveyed in their meaning. They're not verbatim

00:15:43 --> 00:15:45

word for word like the Quran. So there's

00:15:45 --> 00:15:46

going to be a difference of opinion.

00:15:49 --> 00:15:50

And and sometimes

00:15:52 --> 00:15:54

just the one haraka can change the meaning

00:15:54 --> 00:15:56

of the word. Again, when

00:15:56 --> 00:15:58

we have the ahadith in front of us,

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

sometimes we have to determine how did Rasulullah

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

SAWSAWN read this.

00:16:02 --> 00:16:04

Right. Did he read it with a damma

00:16:04 --> 00:16:06

kasra fata? How did he read this word?

00:16:06 --> 00:16:08

To give one example to understand this.

00:16:23 --> 00:16:25

The 'Amil, the zakat collector. He's being told

00:16:26 --> 00:16:27

that woman That

00:16:30 --> 00:16:33

whoever prevents from giving it, we're going to

00:16:33 --> 00:16:34

take it and

00:16:34 --> 00:16:36

and we're going to take half of his

00:16:36 --> 00:16:36

wealth.

00:16:37 --> 00:16:39

Again, we don't have the eharab in front

00:16:39 --> 00:16:40

of us. So this could be read in

00:16:40 --> 00:16:42

2 ways. This could be read and

00:16:43 --> 00:16:45

his wealth will be divided into 2, and

00:16:45 --> 00:16:47

we will take the better half.

00:16:47 --> 00:16:48

So how do

00:16:48 --> 00:16:50

you read the words? How are the eharab?

00:16:51 --> 00:16:53

That will again that also has an impact

00:16:53 --> 00:16:54

in fiqh.

00:16:55 --> 00:16:57

So based on that, there's a lot of

00:16:57 --> 00:17:00

things that take into consideration how to why

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

the it makes sense why there are multiple

00:17:02 --> 00:17:04

math hubs now because

00:17:04 --> 00:17:05

of

00:17:06 --> 00:17:07

how what what methodology

00:17:08 --> 00:17:10

you use to get to the answer

00:17:10 --> 00:17:12

and what systems you use, you know,

00:17:13 --> 00:17:15

would give you a different answer because, okay,

00:17:16 --> 00:17:18

based on the your criteria,

00:17:20 --> 00:17:22

you could come to a different conclusion. Exactly.

00:17:22 --> 00:17:23

And that's why

00:17:23 --> 00:17:25

you can't take one fic ruling from this

00:17:25 --> 00:17:27

madhhab and another fic ruling from this madhhab.

00:17:27 --> 00:17:29

Why? Because then you have you begin you're

00:17:29 --> 00:17:30

going to be contradicting yourself

00:17:31 --> 00:17:33

unknowingly. For example, you took this ruling

00:17:34 --> 00:17:35

which was based on this hadith

00:17:36 --> 00:17:38

which the Imam accepted because it met this

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

criteria.

00:17:39 --> 00:17:41

For example, let's say it was a Mursal

00:17:41 --> 00:17:41

narration

00:17:42 --> 00:17:44

and this Imam accepts this Mursal narration.

00:17:44 --> 00:17:46

He accepts that this narrator is Adil for

00:17:46 --> 00:17:49

example. Whereas the other imam does not accept

00:17:49 --> 00:17:51

that narrator to be Adil.

00:17:51 --> 00:17:53

So he doesn't accept that narration or he

00:17:53 --> 00:17:56

accepts another narrator to be Adil which this

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

imam does not accept.

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

So now,

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

again,

00:17:59 --> 00:18:01

you're contradicting yourself when you take both the

00:18:01 --> 00:18:02

rulings

00:18:02 --> 00:18:05

because for that one person, this Imam is

00:18:05 --> 00:18:07

saying he's not trustworthy,

00:18:08 --> 00:18:09

and the other is saying trustworthy. So in

00:18:09 --> 00:18:11

one you're taking it, and one you're not

00:18:11 --> 00:18:11

taking it.

00:18:12 --> 00:18:13

So that's why

00:18:14 --> 00:18:16

the the main the reason for the difference

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

of opinion,

00:18:17 --> 00:18:20

again, is is based based because of their

00:18:20 --> 00:18:23

methodology. How are they arriving at their conclusion?

00:18:23 --> 00:18:24

So how would you go about following a

00:18:24 --> 00:18:25

method then?

00:18:26 --> 00:18:27

For the layman,

00:18:27 --> 00:18:28

right?

00:18:28 --> 00:18:31

We have to adhere to one methodology.

00:18:32 --> 00:18:32

And these

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

Madahib,

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

right,

00:18:36 --> 00:18:37

are the way to approach it. Right? And

00:18:37 --> 00:18:39

one very common question is that, why don't

00:18:39 --> 00:18:40

we follow the Madah with the Sahaba

00:18:41 --> 00:18:43

Right. And Imam Nabi

00:18:43 --> 00:18:46

mentions that the Sahaba were Allah than us.

00:18:46 --> 00:18:48

They were more Alam than us. Right. They

00:18:48 --> 00:18:51

were more knowledgeable than us. So why don't

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

we follow their madhhab?

00:18:53 --> 00:18:54

It's because their madhhab

00:18:55 --> 00:18:57

has not reached us in a codified manner.

00:18:57 --> 00:18:59

We don't we won't find a book of

00:18:59 --> 00:19:00

Abu Bakr

00:19:00 --> 00:19:01

or Umar

00:19:02 --> 00:19:03

managing and going

00:19:03 --> 00:19:05

through all the Ababa Fiqh

00:19:05 --> 00:19:08

from Tahara to Salah. We won't find that.

00:19:08 --> 00:19:09

But when it comes to the Madahib, it's

00:19:09 --> 00:19:11

been codified. It's been documented.

00:19:12 --> 00:19:13

Right? The Sahab al Adiyam,

00:19:14 --> 00:19:17

again, like any science any science, over time

00:19:17 --> 00:19:20

it involves over time it gets codified, written

00:19:20 --> 00:19:22

down. And that's exactly what happened to the

00:19:22 --> 00:19:24

the madahib really the difference of opinion

00:19:25 --> 00:19:27

is based on the difference

00:19:27 --> 00:19:28

madahib that the sahaba had

00:19:29 --> 00:19:32

is based on that the different understanding the

00:19:32 --> 00:19:34

sahaba the different approaches that the sahaba had

00:19:34 --> 00:19:37

that is basically what the Malahib are conveying,

00:19:37 --> 00:19:39

and it's in a codified manner.

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

So,

00:19:40 --> 00:19:42

like, if somebody wanted to study a Malahib,

00:19:42 --> 00:19:45

like, an English person, you know, speaking person

00:19:45 --> 00:19:47

wants to study a Malahib, What would you

00:19:47 --> 00:19:48

say is a math hub that has the

00:19:48 --> 00:19:51

most, like, content translated into English that you

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

can have access?

00:19:52 --> 00:19:53

Right.

00:19:53 --> 00:19:56

The 4 mainstream math hub. Right? They have

00:19:57 --> 00:19:59

they're really you know, they're they're very easily

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

accessible,

00:20:00 --> 00:20:02

and you can find the rulings,

00:20:03 --> 00:20:05

regarding your you know, any any scenario that

00:20:05 --> 00:20:07

comes about. And then you have experts in

00:20:07 --> 00:20:10

these madahib that can guide you. So now

00:20:10 --> 00:20:12

when you have experts of, 2 different madahibs,

00:20:13 --> 00:20:15

how are the differences kind of resolved? Like,

00:20:15 --> 00:20:16

if you,

00:20:17 --> 00:20:18

like in a community,

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

there is an issue

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

and,

00:20:22 --> 00:20:24

you know, you have 2 different methods. 1

00:20:24 --> 00:20:25

person is saying one way, one person says

00:20:25 --> 00:20:28

another. How how do they solve that kind

00:20:28 --> 00:20:28

of,

00:20:29 --> 00:20:32

It's only again in the subsidiary laws. Right?

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

So

00:20:35 --> 00:20:37

it shouldn't be a matter of disunity.

00:20:39 --> 00:20:41

If, for example, one person is following a

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

certain methodology,

00:20:43 --> 00:20:44

right? At times you may be able to

00:20:44 --> 00:20:47

accommodate both, right? For example, for Asar Salah,

00:20:47 --> 00:20:50

one mother might say that Asar time started

00:20:50 --> 00:20:52

this another Mambu Hanifa says it starts later

00:20:52 --> 00:20:54

when the shadows doubled at the length

00:20:56 --> 00:20:57

twice its length.

00:20:58 --> 00:20:58

So

00:20:59 --> 00:21:01

you could accommodate both. But sometimes you can't.

00:21:01 --> 00:21:04

So but again, even if you're not able

00:21:04 --> 00:21:06

to accommodate, just because you're not able to

00:21:06 --> 00:21:08

accommodate, that shouldn't translate into disunity.

00:21:09 --> 00:21:10

So

00:21:10 --> 00:21:12

in in the for example, the example they

00:21:12 --> 00:21:13

gave right now,

00:21:14 --> 00:21:16

like, the astagh time prayer one. Hanafeez, they

00:21:16 --> 00:21:18

pray late, you said, because, they wait until

00:21:18 --> 00:21:19

your shadow is twice,

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

your length.

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

So

00:21:23 --> 00:21:25

does that initiate, like, the the beginning of

00:21:25 --> 00:21:27

salah, or is that, like, the most appropriate

00:21:27 --> 00:21:29

time? Because, like, you know, the you have

00:21:29 --> 00:21:31

the 3 other Starting time. The starting time.

00:21:31 --> 00:21:32

But the other 3,

00:21:32 --> 00:21:36

they consider when it's your first, like, one

00:21:36 --> 00:21:37

that same length as you, your first your

00:21:37 --> 00:21:39

shadow. That would be the starting time for

00:21:39 --> 00:21:41

them. Okay. That's the shadow that was there

00:21:41 --> 00:21:42

at the scene. Okay.

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

Alright.

00:21:43 --> 00:21:46

So in order to accommodate accommodate both,

00:21:46 --> 00:21:48

if you prayed at the Hanafi time, it

00:21:48 --> 00:21:50

would kinda accommodate for both of them. Is

00:21:50 --> 00:21:52

that what you're saying? Like, if you wanted

00:21:52 --> 00:21:55

to accommodate a Hanafi versus a or.

00:21:56 --> 00:21:59

Yeah. I'm yeah. I'm getting at that, but

00:21:59 --> 00:22:00

my main thing is that the difference of

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

opinions

00:22:01 --> 00:22:03

we see, for example, one person is saying

00:22:03 --> 00:22:04

Amin Aloud.

00:22:05 --> 00:22:07

One person is raising his hands.

00:22:08 --> 00:22:09

These issues,

00:22:10 --> 00:22:11

these subsidiary issues,

00:22:12 --> 00:22:13

they're not the fundamentals

00:22:13 --> 00:22:14

of our Deen.

00:22:14 --> 00:22:15

So

00:22:15 --> 00:22:17

these things should not cause any disunity.

00:22:17 --> 00:22:19

This is not gonna be the difference that's

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

gonna cause somebody from either entering no. Jannah

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

or not. Right? No. No. Alright.

00:22:25 --> 00:22:26

But it's very important to understand

00:22:27 --> 00:22:29

why these difference of opinions came about. It's

00:22:29 --> 00:22:31

because many times there's misconception,

00:22:32 --> 00:22:34

and many times the madadah were labeled as

00:22:34 --> 00:22:35

Bidah innovations.

00:22:36 --> 00:22:37

Right? And sometimes

00:22:38 --> 00:22:40

it goes to the extent that people that

00:22:40 --> 00:22:42

follow a certain school, they're called mushrikeen.

00:22:43 --> 00:22:45

They're associating partners with Allah. They're not following

00:22:45 --> 00:22:47

what Allah and His Messenger has said, but

00:22:47 --> 00:22:49

they're following what a person has said. That's

00:22:49 --> 00:22:51

why it's important to clarify that exactly what

00:22:51 --> 00:22:52

are the Mataih?

00:22:52 --> 00:22:54

Right? Why how do we have a why

00:22:54 --> 00:22:56

is there a difference of opinion? Why how

00:22:56 --> 00:22:57

that came about?

00:22:57 --> 00:22:58

How it's

00:22:58 --> 00:22:59

again, it's

00:23:00 --> 00:23:02

the difference of opinion is not because they're

00:23:02 --> 00:23:04

making their own laws. Right? There's a difference

00:23:04 --> 00:23:07

of opinion based because of their method methodology.

00:23:07 --> 00:23:08

And they're all going back to the Quran

00:23:08 --> 00:23:10

and Sunnah. So what if you have a

00:23:10 --> 00:23:11

majority, you know, like,

00:23:12 --> 00:23:14

minority is the Hanafi and then majority is

00:23:14 --> 00:23:16

everybody else and they wanna pray early Asr.

00:23:18 --> 00:23:20

Would a person who is a follower of

00:23:20 --> 00:23:22

Hanafi, would they be

00:23:22 --> 00:23:23

kind of

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

In this particular ruling, there's there's flexibility.

00:23:26 --> 00:23:29

Mhmm. So if Can the Hanafi person pray

00:23:29 --> 00:23:31

pray early with the, JAMA' so that way

00:23:31 --> 00:23:33

Yeah. So this he gets the benefit. Since

00:23:33 --> 00:23:34

the whole if

00:23:34 --> 00:23:35

the congregation

00:23:35 --> 00:23:38

is following a particular time for Assur, they're

00:23:38 --> 00:23:41

following the first Assur one, then in this

00:23:41 --> 00:23:44

in this scenario, flexibility, then that Hanafi follower

00:23:44 --> 00:23:46

can also follow that time. Because I

00:23:46 --> 00:23:47

oh, this is what I was gonna ask

00:23:47 --> 00:23:48

you.

00:23:48 --> 00:23:51

Even all the 4 madhhabs, like, even there's

00:23:51 --> 00:23:52

more than 4, but they all come to

00:23:52 --> 00:23:54

the conclusion. They say they tell you that

00:23:54 --> 00:23:56

this this is not, like, mandatory,

00:23:56 --> 00:23:58

that you have to follow this. If you

00:23:58 --> 00:23:59

find a hadith that's stronger,

00:24:00 --> 00:24:02

you know just follow that you know that

00:24:02 --> 00:24:02

we're not

00:24:03 --> 00:24:04

That's also

00:24:04 --> 00:24:07

a very common question that all the Imma

00:24:07 --> 00:24:08

have said

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

that

00:24:11 --> 00:24:12

If this hadith is Sahid, then that's my

00:24:12 --> 00:24:14

mother. Meaning if you see see a hadith,

00:24:14 --> 00:24:16

you pick a Bukhari, you see the hadith,

00:24:17 --> 00:24:19

and you should follow that hadith

00:24:19 --> 00:24:20

even if it goes against

00:24:21 --> 00:24:22

the mother of your Imam.

00:24:23 --> 00:24:25

So again, we have to see who

00:24:26 --> 00:24:27

were being addressed

00:24:27 --> 00:24:29

when the Imam is saying this that Ida

00:24:29 --> 00:24:31

Sahal Hadith for Muhammad Habib. Who was the

00:24:31 --> 00:24:34

audience? And these audiences are the other fuqaha.

00:24:34 --> 00:24:36

They are the other experts. It's not for

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

a layman that when you see a hadith

00:24:38 --> 00:24:40

that contradicts the mother that followed the hadith

00:24:40 --> 00:24:42

and leaves the mother of the Imam

00:24:42 --> 00:24:44

Because we have not we don't have that

00:24:44 --> 00:24:45

in-depth knowledge.

00:24:46 --> 00:24:48

Right. So let me give you one example.

00:24:49 --> 00:24:52

In Bukhari, the Hadith comes that Jama'r Rasulullah

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

Baynazuhurwal

00:24:54 --> 00:24:54

Asar

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

that he combined

00:25:02 --> 00:25:04

Zuhr and Asr Maghrib and Asr in Madinah,

00:25:06 --> 00:25:08

meaning he is a Muqim, he is a

00:25:08 --> 00:25:09

resident, he is not traveling,

00:25:10 --> 00:25:12

And there was no khoof and there was

00:25:12 --> 00:25:12

no rain.

00:25:13 --> 00:25:15

And he combined. So now we know that

00:25:15 --> 00:25:15

you can't

00:25:16 --> 00:25:18

just combine all the salawat. Right? You have

00:25:18 --> 00:25:20

to pray salah and it's an appointed time.

00:25:20 --> 00:25:22

So if I were to just pick up

00:25:22 --> 00:25:23

look at that hadith which is in Bukhary

00:25:24 --> 00:25:26

and come to my own understanding. Okay. You

00:25:26 --> 00:25:28

know, if it's a difficult time, you know,

00:25:28 --> 00:25:30

if it's difficult, you can combine all your

00:25:30 --> 00:25:31

Salahs and pray in one time.

00:25:32 --> 00:25:34

That would be something absurd. That that is

00:25:34 --> 00:25:35

a conclusion

00:25:36 --> 00:25:37

that has

00:25:37 --> 00:25:39

been never said before. That no one has

00:25:39 --> 00:25:42

reached that conclusion. Right. Again, and why are

00:25:42 --> 00:25:43

we coming with that conclusion? Because of our

00:25:43 --> 00:25:44

ignorance

00:25:44 --> 00:25:46

regarding the, how,

00:25:46 --> 00:25:49

regarding the sciences of Hadith. How to extract,

00:25:49 --> 00:25:51

extract Akham from Hadith. Right. So for example

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

this hadith.

00:25:53 --> 00:25:54

What is the

00:25:54 --> 00:25:56

background to this hadith? What is the,

00:25:56 --> 00:25:58

how do we understand this hadith? This is

00:25:58 --> 00:26:00

what Fiqh will tell us. So Imam Malik

00:26:01 --> 00:26:02

explains that this was

00:26:02 --> 00:26:03

in Madinah

00:26:04 --> 00:26:04

when

00:26:05 --> 00:26:07

this was in Madinah, and what Jama over

00:26:07 --> 00:26:08

here means is Jama Suri.

00:26:09 --> 00:26:12

Not Jama Haqqiki. Not actual come combining the

00:26:12 --> 00:26:13

2 salas

00:26:13 --> 00:26:16

praying both salas in one salah time. No.

00:26:16 --> 00:26:18

Rather this is delaying Duhur until the end

00:26:18 --> 00:26:20

time of Duhur and then praying Asr in

00:26:20 --> 00:26:22

the beginning time. So you are praying Duhur

00:26:22 --> 00:26:23

at the end

00:26:23 --> 00:26:25

of the Duhur and then Asr right at

00:26:25 --> 00:26:27

the beginning. So it looks like you're combining

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

so it looks like you're doing Jannah, and

00:26:29 --> 00:26:30

you are doing Jannah, but you're not doing

00:26:30 --> 00:26:32

Jannah Haqqiqah. Then you're not praying Asr in

00:26:32 --> 00:26:34

the time of Duhr salah.

00:26:35 --> 00:26:36

So you would come to

00:26:37 --> 00:26:39

many absurd conclusions. If we were just look

00:26:39 --> 00:26:40

at the hadith

00:26:41 --> 00:26:44

because another example Rasulullah Sallallahu Alaihi Wasallam said

00:26:51 --> 00:26:54

that if a person passes wind he doesn't

00:26:54 --> 00:26:55

have to do wudu

00:26:56 --> 00:26:56

except

00:26:56 --> 00:26:59

that you know there's a sound.

00:27:00 --> 00:27:02

Right? Except there's a sound there's sound and

00:27:02 --> 00:27:04

snow. So if it's silent,

00:27:04 --> 00:27:06

a person doesn't have to do with du.

00:27:06 --> 00:27:08

But we know the understanding that we have

00:27:08 --> 00:27:11

is that which is a correct if a

00:27:11 --> 00:27:13

person passes wind whether you hear yourself, you

00:27:13 --> 00:27:15

don't you know, you didn't the sound couldn't

00:27:15 --> 00:27:16

be heard

00:27:17 --> 00:27:19

whether it smells or not, a person's wudu

00:27:19 --> 00:27:21

breaks and he has to do wudu again.

00:27:21 --> 00:27:22

So then

00:27:22 --> 00:27:24

again, if a person were to just look

00:27:24 --> 00:27:25

at this hadith and then start following this

00:27:25 --> 00:27:28

hadith, again his salah would be invalid.

00:27:28 --> 00:27:31

Fik comes to explain this. Right. Fik will

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

tell us that no, this was said in

00:27:33 --> 00:27:34

a certain context.

00:27:35 --> 00:27:35

Rasulullah

00:27:36 --> 00:27:37

was talking to

00:27:38 --> 00:27:38

a person

00:27:38 --> 00:27:41

that had wasaves, that would think that my

00:27:41 --> 00:27:43

wudu is always getting broken and broken. So

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

this person he said this.

00:27:45 --> 00:27:46

So that, you know, he forgets his wasaves.

00:27:46 --> 00:27:49

He forgets the whispers that are coming. So

00:27:50 --> 00:27:52

just if if we see a hadith,

00:27:52 --> 00:27:54

and that seems to contradict

00:27:55 --> 00:27:56

our madhhab

00:27:56 --> 00:27:57

that we're following,

00:27:57 --> 00:27:58

we should understand

00:27:59 --> 00:28:00

that the

00:28:01 --> 00:28:04

madhhab has a deli which supports the position

00:28:04 --> 00:28:05

that it has,

00:28:05 --> 00:28:07

even if we don't understand that position. Even

00:28:07 --> 00:28:09

if you don't even if you don't have

00:28:09 --> 00:28:11

the proof to that. Right? So based on

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

that,

00:28:12 --> 00:28:14

we as like layman or something like that,

00:28:14 --> 00:28:16

anybody who's not like a student of knowledge

00:28:16 --> 00:28:18

or something like that can't just take a

00:28:18 --> 00:28:20

hadith for face value and just run off

00:28:20 --> 00:28:22

with it. Right? Because you might not always

00:28:22 --> 00:28:24

come to the correct conclusion.

00:28:24 --> 00:28:26

The and this is not just in our

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

this is in any field. Like, when you

00:28:28 --> 00:28:30

go to the doctor and the doctor tells

00:28:30 --> 00:28:32

you you have to take this medication.

00:28:32 --> 00:28:34

Now you're not gonna ask the doctor why

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

this medication.

00:28:35 --> 00:28:36

Even if the doctor told you you should

00:28:36 --> 00:28:38

not be able to understand.

00:28:38 --> 00:28:41

Because again, you don't have that background. You

00:28:41 --> 00:28:43

don't know what's if even the doctor told

00:28:43 --> 00:28:45

you these are the ingredients in here. You

00:28:45 --> 00:28:47

would not understand what that means. Right? So

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

you're following someone.

00:28:49 --> 00:28:52

Right? There's a difference between following someone without

00:28:52 --> 00:28:53

asking for without

00:28:54 --> 00:28:57

proof and without demanding for proof. We're so

00:28:57 --> 00:28:59

this is called difference authority. Right? We're not

00:28:59 --> 00:29:01

following them thinking that they don't have any

00:29:01 --> 00:29:04

proof. No. We're following them without demanding proof

00:29:04 --> 00:29:06

knowing that they have proof behind what they're

00:29:06 --> 00:29:06

saying.

00:29:07 --> 00:29:09

Right. And the madha'ib, remember, it's not just

00:29:09 --> 00:29:10

one person's

00:29:10 --> 00:29:11

judgment

00:29:11 --> 00:29:13

or one person's understanding of the Quran and

00:29:13 --> 00:29:15

Sunnah. No. There in every school you had

00:29:15 --> 00:29:17

multiple people that adhere to the same methodology.

00:29:18 --> 00:29:21

Right? So if there was a lapse by

00:29:21 --> 00:29:22

the Imam or a hadith missed the Imam,

00:29:22 --> 00:29:25

right? Like you mentioned, that's Saqal Hadith for

00:29:25 --> 00:29:27

Muhammad. If a hadith missed the Imam, then

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

there were scholars of hadith

00:29:30 --> 00:29:32

that came in that madhhab and rectified those

00:29:32 --> 00:29:32

lapses.

00:29:33 --> 00:29:34

Alright. That makes sense.

00:29:35 --> 00:29:37

What role what role does, Ijma'a,

00:29:38 --> 00:29:40

the consensus play in the development of fiqh?

00:29:41 --> 00:29:43

Ijma'a is one of the sources of Islamic

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

law.

00:29:44 --> 00:29:44

And

00:29:45 --> 00:29:48

Rasulullah Sallallahu Alaihi Wasallam said that La Istima

00:29:48 --> 00:29:51

Ummatiya Ladalala. That my Ummah will not be

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

guided,

00:29:53 --> 00:29:55

will not gather on misguidance.

00:29:57 --> 00:30:00

And how Imam Nawi and Mulla Alaihi Rahimullah,

00:30:00 --> 00:30:03

classical scholars explain this hadith is it means

00:30:03 --> 00:30:05

that 'Ummah' over here means 'ulama'.

00:30:06 --> 00:30:09

That the 'ulama' of my 'umma' in any

00:30:09 --> 00:30:09

era

00:30:10 --> 00:30:10

will not

00:30:11 --> 00:30:12

come to a bottle conclusion.

00:30:13 --> 00:30:15

We'll not come to a incorrect conclusion.

00:30:16 --> 00:30:16

So Ijma

00:30:17 --> 00:30:18

is something we find

00:30:19 --> 00:30:20

from the time of the sahabat

00:30:21 --> 00:30:24

But even after that, in every era you

00:30:24 --> 00:30:27

had ulama coming. New messiah came, new problems

00:30:27 --> 00:30:29

came, and there were consensus consensus.

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

That's the ulama of that era had a

00:30:32 --> 00:30:35

had a agreement on a certain thing. So

00:30:35 --> 00:30:38

it is, it is very key thing. And

00:30:38 --> 00:30:41

again, the secondary sources of Islamic law, right,

00:30:42 --> 00:30:44

they're based in the primary sources

00:30:44 --> 00:30:47

of Islamic law. They're based in the Quran

00:30:47 --> 00:30:48

and Sunnah. That kinda makes sense. So the

00:30:48 --> 00:30:51

ijma, the consensus, it's not just like a

00:30:51 --> 00:30:53

group, like everybody in the community, hey, what

00:30:53 --> 00:30:55

do you guys think about this kind of

00:30:55 --> 00:30:56

thing? No. It's actually scholars

00:30:57 --> 00:31:01

getting together and the that consensus between the

00:31:01 --> 00:31:03

scholars of well well learned people who have

00:31:03 --> 00:31:05

the knowledge and the background,

00:31:05 --> 00:31:08

and the proper understanding of the deen to

00:31:08 --> 00:31:10

come to that conclusion. This way,

00:31:11 --> 00:31:12

says that The consensus, it has to be

00:31:12 --> 00:31:16

within knowledge. Right? So you can't ask people

00:31:16 --> 00:31:17

that don't have knowledge in that field to

00:31:17 --> 00:31:19

come to a con you know, conclusion.

00:31:19 --> 00:31:21

So what what advice would you have for

00:31:21 --> 00:31:23

someone who wants to actually, like, learn about

00:31:23 --> 00:31:24

faq or become a student of knowledge?

00:31:25 --> 00:31:28

It's very important to find the correct teachers.

00:31:28 --> 00:31:30

It's very important to find the correct teachers.

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

If there's

00:31:32 --> 00:31:34

you know, you have and you have to

00:31:34 --> 00:31:35

see

00:31:35 --> 00:31:38

that the teacher that you have, right, the

00:31:38 --> 00:31:39

opinions that he has,

00:31:40 --> 00:31:42

are these the opinions that our classical scholars

00:31:42 --> 00:31:43

had? Right.

00:31:44 --> 00:31:46

And you'll see, this is very important to

00:31:46 --> 00:31:47

note that

00:31:47 --> 00:31:49

in our history, in our history,

00:31:50 --> 00:31:52

a 1000 plus years, you have the

00:31:55 --> 00:31:56

Many of

00:31:56 --> 00:31:59

the very well known classical Islamic scholars

00:32:00 --> 00:32:01

adhere to a madahib.

00:32:01 --> 00:32:02

Many

00:32:03 --> 00:32:05

and it's only in the last 200 years

00:32:06 --> 00:32:09

you'll find people that became non conformist.

00:32:09 --> 00:32:11

They were anti madhhab or no madhhab.

00:32:12 --> 00:32:14

So it's very important that the teacher also

00:32:14 --> 00:32:16

adheres to madhhab because remember, this is something

00:32:16 --> 00:32:17

that has

00:32:17 --> 00:32:20

a very big impact on the way a

00:32:20 --> 00:32:22

person is going to understand the Qur'an and

00:32:22 --> 00:32:22

Sunnah.

00:32:23 --> 00:32:26

Right. So it's very important that his understanding

00:32:26 --> 00:32:28

is traditional and classic.

00:32:28 --> 00:32:29

Alright. So,

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

think of it as a scenario where, like,

00:32:32 --> 00:32:34

you're the imam of a community and you

00:32:34 --> 00:32:37

have, community members who have different math hubs.

00:32:38 --> 00:32:41

How would you go about, you know, reconciling

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

issues,

00:32:45 --> 00:32:48

between them? Like, the community members that come

00:32:48 --> 00:32:49

together, they wanna,

00:32:50 --> 00:32:51

like, I don't know. They wanna do something

00:32:51 --> 00:32:54

or they wanna come to agreement on one

00:32:54 --> 00:32:56

specific thing, but everybody's like, oh, no. We

00:32:56 --> 00:32:58

should do it this way. Other group is

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

saying this way. Another is saying, no. We

00:33:00 --> 00:33:01

should do it this way.

00:33:01 --> 00:33:04

How would you reconcile that? Generally, the difference

00:33:04 --> 00:33:06

of opinions we have in a masjid

00:33:07 --> 00:33:09

generally doesn't have to do much with the

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

madahib.

00:33:10 --> 00:33:11

What I've noticed is not to do with

00:33:11 --> 00:33:12

Madahib.

00:33:12 --> 00:33:13

It's to do with,

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

you know,

00:33:17 --> 00:33:20

understanding that recently people have came up with.

00:33:20 --> 00:33:23

Right. It's not like a traditional difference of

00:33:23 --> 00:33:24

opinion,

00:33:24 --> 00:33:26

less as in the which is based on

00:33:26 --> 00:33:29

methodology. It's a difference opinion based on something

00:33:29 --> 00:33:31

which is very recent. Right? So it's not

00:33:31 --> 00:33:32

really to do with

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

the. Alright. Thank you, Mufti Awez for coming

00:33:35 --> 00:33:37

to Utica Masjid. It was a pleasure.

00:33:38 --> 00:33:40

That was a beautiful quote you gave today.

00:33:41 --> 00:33:43

You're welcome here anytime. It's okay. We'd love

00:33:43 --> 00:33:44

to have you again.

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