Suhaib Webb – Ibn Bādīs Intro To Usul al-Fiqh – part one

Suhaib Webb
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The speakers discuss the history and meaning of "atibul Fiapas "naught" in various context, including "naught" and "naught" in various political and cultural settings. They emphasize the importance of using evidence and finding the right one to address issues, and stress the need for individuals to be responsible for their actions and avoid double-standing. The speakers also discuss various topics related to Islam, including "IT" and " AD" in various context, and provide examples of how to use the meaning of "we" to describe actions and accountability.

AI: Summary ©

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			I seek refuge with Allah from Satan the
		
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			accursed.
		
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			In the name of Allah, Most Gracious, Most
		
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			Merciful.
		
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			All praise is due to Allah, Who has
		
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			established our religion with His mercy, peace and
		
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			blessings be upon him, and made it a
		
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			proof for all people, as He made His
		
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			Companions, His pleasure upon them all, as a
		
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			guidance and a light for the transgressors, and
		
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			for the rest of the righteous.
		
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			O Allah, send peace and blessings upon him
		
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			and upon them in the beginning and in
		
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			the end, and in the highest realm, O
		
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			Lord of the worlds.
		
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			As-salamu alaykum wa rahmatullahi wa barakatuh.
		
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			Hope everybody is doing amazing, mashallah.
		
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			Super excited to be with you guys, alhamdulillah.
		
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			And we are going to be going through
		
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			a series on Usulul Fiqh, using a book
		
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			which actually is the second in our school's
		
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			introductory level class to Usulul Fiqh.
		
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			The first is Al-Waraqat, and you can
		
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			find my recordings of Al-Waraqat of Imam
		
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			Mu'amma Ali Al-Juwayni, Imam Al-Harami,
		
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			on YouTube.
		
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			Although they're a little bit more advanced maybe
		
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			than what we're going to go through here.
		
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			This book actually is called Al-Muqaddimah to
		
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			Usulul Fiqh, but written by Shaykh Abdul Hamid
		
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			Ibn Badis.
		
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			Badis, he was from Algeria, and he was
		
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			born around 1889, he died in 1940.
		
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			So he's not that far away from us
		
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			as far as chronologically.
		
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			Ibn Badis, he had a very interesting life
		
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			of course because of the French occupation, and
		
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			he formed an organization of ulama, Jami'at
		
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			al-ulama al-Muslimin al-Jazaereen, which actually
		
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			was at the forefront, if you will, of
		
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			taking on the intellectual challenges of colonality, the
		
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			brutality of the French, and sort of their
		
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			intellectual and spiritual, as well as their military
		
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			dismantling of what we know to be Algeria.
		
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			So Alhamdulillah, he wrote this text, it covers
		
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			50 issues, so every week the syllabus is
		
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			a little bit off.
		
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			We'll cover like 4, 3.5 if possible
		
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			to 4 issues, and he phrases it in
		
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			a way like they're questions.
		
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			And so if you finish Alhamdulillah this text,
		
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			you'll have a strong familiarity with the subject
		
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			of Usulul Fiqh, and you'll be able to
		
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			do some things we're going to talk about
		
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			momentarily, bi-idhnillah.
		
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			So he begins and he starts with the
		
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			definition.
		
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			And always classical scholars, they were really, really
		
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			interested, and one thing you'll learn from this
		
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			class is how to read a classical text,
		
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			like at a basic level.
		
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			You're not going to come out like the
		
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			Sheikh of Devon Street or anything, but like
		
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			mashallah, you'll have some tools that will assist
		
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			you.
		
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			Good teachers teach you not only what a
		
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			book says, but they also should teach you
		
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			how to read a book, especially in the
		
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			classical context.
		
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			And Ibn al-Badis is writing in a
		
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			style that it's hard to find people who
		
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			write like this now.
		
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			He's writing in the classical Islamic legal sort
		
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			of style, as we'll unpack that as we
		
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			go through it.
		
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			It's not something that we want to get
		
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			too lost into.
		
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			So he says, Here
		
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			he does something that you should be aware
		
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			of amongst the Hanafis as well as the
		
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			others.
		
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			We'll talk about that in a second.
		
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			He defines Usulul Fiqh as a science.
		
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			علم الأصول, the science of Usul.
		
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			This is مضاف مضافون إلي.
		
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			علم الأصول.
		
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			The reason that he does that is that
		
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			there was a difference amongst classical scholars as
		
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			to how to introduce the science of Usulul
		
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			Fiqh.
		
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			For example, al-Amiri.
		
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			And Imam al-Amiri is one of the
		
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			giants.
		
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			He wrote a book called Ihkam.
		
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			And the person who summarizes the Ihkam is
		
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			al-Baydawi.
		
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			This is al-Baydawi.
		
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			Imam ibn Subki, he did a seven-volume
		
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			explanation of that book.
		
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			من هاجر وصول إلى علم أصول And this
		
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			book actually is the book in Azhar, the
		
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			College of Law that we study.
		
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			al-Baydawi is the one who summarizes al
		
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			-Amiri.
		
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			And in actually al-Razi.
		
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			And in his al-Minhaj, he says معرفة
		
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			دلائل He doesn't say علم, he says معرفة.
		
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			Then you find other scholars like al-Razi.
		
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			وحمد الله عليه فخر الدين al-Razi in
		
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			al-Mahsul, which is like one of the
		
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			most important books for Sunnis in Usulul Fiqh.
		
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			When he defined Usulul Fiqh, he said طرق
		
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			Like if you know, like to solve طرق,
		
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			طريقة He said طرق What does طرق mean?
		
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			Usulul Fiqh is the evidences.
		
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			There are three reasons for this difference that
		
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			you can appreciate the depth and genius of
		
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			the scholars.
		
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			Number one, علم implies that Usulul Fiqh is
		
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			mostly based on certainty with some issues like
		
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			that are scholarly in their orientation and in
		
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			their sort of finalization.
		
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			So the word علم here means mostly is
		
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			qata'i from Allah, from the Prophet ﷺ
		
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			But some of it is from the engagement
		
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			of scholars who thought about what does this
		
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			mean?
		
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			How do we apply this?
		
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			How does this work?
		
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			Also the word علم, there's a minority of
		
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			scholars like al-Shatibi in Muwaffaqat who said
		
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			علم بمعنى اليقين Usually when scholars use the
		
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			word علم, it means like certainty So the
		
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			implication here is that Usulul Fiqh is directly
		
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			from Allah and His Messenger ﷺ and there
		
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			was no like scholarly debate or scholarly engagement
		
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			Of course that's a weak opinion Al-Baydawi,
		
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			he says معرفة and he doesn't say Usul,
		
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			he says معرفة الدلائل We'll talk about it
		
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			in a second To know the evidences and
		
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			معرفة implies two things that there are aspects
		
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			which are certain and then there are aspects
		
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			which, and this is what I was looking
		
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			for which were negotiated by ulama So the
		
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			word علم, علم means certainty معرفة means like
		
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			القطعيات وظنونيات Like there are aspects of Usulul
		
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			Fiqh that are negotiable There's aspects of Usulul
		
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			Fiqh that aren't negotiable Then maybe you're asking,
		
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			and you should ask this question If you're
		
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			a mathematics major, you're gonna love Usulul Fiqh
		
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			Usulul Fiqh is gonna make you think in
		
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			ways that like you never really thought about
		
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			before You should ask why would al-Razi
		
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			say طرق Because Imam al-Razi and those
		
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			who followed him believe something very beautiful It
		
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			is very subtle And that is that the
		
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			Usul exists whether we know them or not
		
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			The existence of the Usul is not predicated
		
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			on us knowing them Because the Usul either
		
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			are explicitly or implicitly in the sources of
		
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			Sharia And that means from the time of
		
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			the Prophet ﷺ Till the end of time
		
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			we will find scholars who continue to extract
		
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			points in the secondary sense of Usul It's
		
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			very beautiful So it's not based on, and
		
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			if you think about post-modernity It's like
		
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			this is the opposite of post-modernity It
		
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			doesn't reside on the knowledge of people It
		
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			exists whether we know it or not It's
		
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			our job as a Ummah to excavate and
		
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			understand these Usul You see that there's a
		
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			Tarbiyah sort of line in how al-Razi
		
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			in his Mahsul says Usul of Fiqh So
		
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			let me repeat myself and forgive me today
		
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			Man my kids had lice We've been like
		
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			clinics, washing I don't know we washed the
		
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			whole house bro I think we washed the
		
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			books Subhanallah so forgive me but When we
		
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			look at this definition ilmu Most scholars when
		
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			they use the word ilm it means yaqeen
		
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			Like Ash-Shatibi Badis doesn't use it in
		
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			that sense He's using it in the sense
		
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			to say that it's fundamentally founded on non
		
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			-negotiables But there will be some negotiables So
		
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			he's very much in line with like al
		
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			-Razi Like al-Baydawi and al-Amiri Al
		
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			-Baydawi represents Amiri school So Ma'rifah And
		
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			the last we gave is the definition of
		
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			al-Razi And many who followed him they
		
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			said Usul of Fiqh is not a knowledge
		
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			Usul of Fiqh is something that exists And
		
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			it's upon the Ummah of the Prophet ﷺ
		
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			To make inkishaf of those usul To discover
		
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			those usul by spending time with revelation And
		
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			spending time learning the necessary sciences That will
		
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			allow them to uncover Not the foundational usul
		
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			but the secondary usul It's nice masha'Allah
		
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			So he says ilmu usul The word usul
		
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			is the plural of asl Like far, furu,
		
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			faal, fa'ul Al-aslu, usul Maybe you're
		
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			asking why is it usul of Fiqh Not
		
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			aslu of Fiqh Because usul means that there's
		
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			a plural And we find it now in
		
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			his definition And here we see he uses
		
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			the word Ma'rifah He says ilmu al
		
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			-usul ma'rifah al-qawaid Allati ya'rafu
		
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			biha kaifa tustafadu ahkam al-afari min adilat
		
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			al-ahkam He said that usul of Fiqh
		
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			is knowledge of fundamental principles So here we
		
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			see he changes He says you know what
		
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			I'm going to define it as a science
		
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			Al-Razi defines it as something that exists
		
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			Al-Baydawi defines it as a science Here
		
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			he says ma'rifah So he wants to
		
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			sort of level it Yeah there's certainty but
		
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			then there's components of it that are uncertain
		
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			That's why you don't say allahu arif I
		
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			know Arif Hussain, no offense to Arif Hussain
		
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			You don't say allahu arif Why?
		
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			Because arif means something before there was ignorance
		
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			Masabaqahu aljahil But you say allahu what?
		
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			Allahu a'lam Because Allah was never jahil
		
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			About anything, audhubillah So he says ilmu usul
		
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			ma'rifatu al-qawaid This ma'rifah is
		
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			a unique type of learning Because the word
		
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			Arif means something that has a nice smell
		
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			We say Arifun nashir A smell that's like
		
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			spreading Arif You call the tops of like
		
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			planes A'raf So to A'raf You
		
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			call norms, societal norms Because what?
		
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			A'raf Because ma'rifah is something that
		
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			you have not only acquired the rules But
		
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			you also have enough experience with it So
		
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			when you see it, it sticks out You
		
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			have what's called dhawq What I heard from
		
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			Dr. Mahmood You have al-malaka You have
		
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			a taste for the knowledge So it's not
		
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			only the acquisition of rules that we're going
		
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			to work on But also it is the
		
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			diraya and the riwaya Not only the root
		
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			learning that happens in the classroom But also
		
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			it's the experiential learning that brings about a
		
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			sense of like You become like you have
		
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			dhawq, you have a taste for it So
		
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			ma'rifatu al-qawaid Qawaid means principles, here
		
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			it means foundational principles Like for example, a
		
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			command means a prohibition A command means a
		
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			fard That's an axiom Allati ya'rafu biha
		
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			Which, by employing them, is known Kayfa tustafad
		
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			How do you ascertain the rulings of acts
		
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			from the sources of Islamic law But that's
		
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			not the actual translation How do you attain
		
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			benefit for rulings that are going to impact
		
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			people's actions Because the job of the scholar
		
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			is to bring benefit and prevent harm So
		
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			usoolu fiqh is the knowledge of the rules
		
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			That empower somebody to generate beneficial rulings for
		
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			people What's the rules that govern that process
		
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			of bringing those rules out That's usoolu fiqh
		
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			What is that process?
		
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			I like to tell people, the usooli is
		
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			the referee The faqih is the player So
		
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			the usooli is the one whose job is
		
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			to look at compliance issues The faqih is
		
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			the one whose job is to bring the
		
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			product So usoolu fiqh is what are the
		
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			rules needed to generate rulings And to understand
		
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			the application of rulings In relationship to the
		
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			actions of people That's usoolu fiqh What are
		
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			the evidences that you can use for that
		
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			How to use those evidences Who qualifies to
		
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			use those evidences Those three are usoolu fiqh
		
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			معرفة الدلائل إجمالا وكيفية استفارة منها وحال المستفيد
		
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			As al-Badawi says in al-minhaj To
		
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			know what is and isn't an evidence For
		
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			example, and this is good for you in
		
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			neighbor nets man You're sitting in a neighbor
		
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			net with someone and like Well someone said,
		
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			I don't care what someone said Someone doesn't
		
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			matter Like I told someone one time on
		
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			a TikTok live Like if I knew who
		
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			someone was, I would like kill them Everywhere
		
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			you go, someone said, I heard from someone
		
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			Someone said this, someone said that Someone is
		
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			not a dalil So what constitutes an admissible
		
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			evidence for rulings That's what he says, معرفة
		
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			القواعد That's what he means That that person
		
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			knows what can be an evidence What can't
		
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			be an evidence Number two, how do you
		
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			use the evidence And this is where most
		
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			Muslims have a problem It's not that they
		
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			don't have access to the evidences Everywhere you
		
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			look there's canon of hadith online There's tafsir
		
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			online, there's verses of Quran online There's memes,
		
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			rule number 319 Don't take your deen from
		
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			a meme Everywhere you look there's memes It's
		
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			not, the problem isn't evidences The problem is
		
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			people don't know how to use the evidences
		
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			This is usoolu fiqh For example, the Prophet
		
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			ﷺ said The best one of you is
		
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			the one who bears witness before he's asked
		
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			The best one of you is the one
		
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			who bears witness before he's asked The Prophet
		
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			ﷺ said, the worst one of you is
		
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			the one The worst one is the one
		
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			who bears witness before he's asked What do
		
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			you do with this now You have two
		
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			texts One says the best, one says the
		
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			worst How do you make that function That's
		
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			usoolu fiqh Number three, wahala mustafid What are
		
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			the conditions of the one who can employ
		
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			the evidences What are the scholarly qualifications Of
		
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			the one who can deduce the evidences And
		
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			employ the evidences Recognize the right evidences Recognize
		
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			the wrong evidences Recognize the order that evidences
		
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			should be used Recognize the rules that apply
		
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			to using those evidences That's the scholar of
		
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			usoolu fiqh So then, usoolu fiqh is three
		
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			things And maybe you're saying, this is different
		
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			than the book If I was just going
		
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			to read the book to you, why would
		
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			you come That's not my job My job
		
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			is not to read the book for you
		
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			My job is to make the book alive
		
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			for you And to make you think in
		
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			a deeper way So we say, in our
		
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			notes, in the exam I have for you
		
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			I'm going to ask this question What is
		
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			usoolu fiqh And you're going to say Knowing
		
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			what are the correct evidences Knowing how to
		
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			use those evidences properly And the conditions of
		
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			the one who can use those evidences معرفة
		
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			الدلائل إجمارا وكيفية استفادة منها وحال المستفيد That's
		
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			usoolu fiqh That's why I heard from Dr.
		
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			Ali Juma, may Allah guide him I heard
		
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			from him It's not aslu fiqh, it's usoolu
		
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			fiqh And this is what Shaykh Zakariyya al
		
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			-Ansari, he said in Lub al-Usul Usoolu
		
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			fiqh would be one, but it's usoolu fiqh
		
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			three That's why it's plural Maybe someone ask
		
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			you, why is it usoolu fiqh Because, what's
		
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			an evidence, how to benefit from an evidence
		
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			Who can employ those evidences So consequently, what
		
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			we're going to study In these 50 issues
		
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			in this book Are all things that are
		
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			going to orbit around those three things I
		
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			just explained to you What's the evidence, how
		
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			to use the evidence, who's qualified And I'll
		
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			give you some examples What's an evidence, I
		
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			gave it to you earlier Like, I heard
		
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			from someone I was at a mela on
		
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			Devon street Having some laddu and smashing some
		
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			gulab jamuns And someone was like, yo, rooh
		
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			afsa is haram And then you're like, how
		
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			could rooh afsa be haram Then they say
		
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			to you, what Well, I was watching some
		
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			movie on Bollywood And there was some dude
		
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			dancing And he said, rooh afsa is haram
		
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			This is not a dalil, cancelled, bye, see
		
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			you later I was at MSA Halaqah and
		
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			there was some brother He, oh, who's some
		
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			brother Like, that's how you take your deen
		
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			No one will go to a cardiologist No
		
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			one will take advice on how they should
		
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			look after their cardiovascular health From somebody, from
		
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			some brother, from some movie When we do
		
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			not value our deen Listen to what I'm
		
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			about to say to you It's a very
		
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			important sign of tarbiyah When I value the
		
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			deen of Allah I will make sure I
		
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			take it from the right sources I won't
		
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			be sloppy I won't be sloppy So my
		
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			appreciation for the sacred Will not only push
		
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			me for the answer But the process will
		
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			be correct So how do I recognize the
		
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			evidences That's usul of fiqh What constitutes the
		
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			evidence, what doesn't What's agreed upon, what's differed
		
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			over Like the actions of the people of
		
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			Medina The Madakis, other people don't agree with
		
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			that Istihsan, other people don't agree with it
		
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			Istishaab, other people don't agree with it And
		
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			so on and so forth Number two, how
		
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			to use the evidences correctly And that involves
		
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			so many things Arabic language Al-Baydawi says
		
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			فَكُلُّهَا يَتَوَقَّفُ عَلَىٰ مَعْرِفَةِ اللُّغَةِ Usul of fiqh
		
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			rests at a scholarly level On the language
		
00:21:05 --> 00:21:09
			So for example, aqeem salat Aqeem is an
		
00:21:09 --> 00:21:16
			order An order means fard فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ
		
00:21:16 --> 00:21:18
			Maybe somebody comes to you Man, why is
		
00:21:18 --> 00:21:19
			alcohol haram?
		
00:21:19 --> 00:21:21
			It doesn't say anything in the Quran Like,
		
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			oh you who believe, alcohol is haram If
		
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			you know the language, you have usul of
		
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			fiqh You know, ijtinaab means haram فَاجْتَنِبُوهُ لَعَلَّكُمْ
		
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			تُفْلِحُونَ So now usul of fiqh allows you
		
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			to serve the people Say no brother, ijtinaab
		
00:21:35 --> 00:21:44
			فَاجْتَنِبُوهُ وَإِنْسُوا تَمَائِدَ Means tahreem Also, kayfiyat istifadati
		
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			minha Allows you to regulate the unfortunate differences
		
00:21:49 --> 00:21:53
			We find in the community That divide our
		
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			communities in areas That they should not be
		
00:21:54 --> 00:21:57
			divided over Like 8 rakah for taraweeh 20
		
00:21:57 --> 00:22:01
			rakah for taraweeh Eating jatka outside Not eating
		
00:22:01 --> 00:22:04
			jatka outside You name it, whatever All those
		
00:22:04 --> 00:22:10
			issues fall under kayfiyat istifadati minha And knowing
		
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			usul of fiqh at a grassroots level Will
		
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			empower you Not at a scholarly level At
		
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			a functional level To bring the community together
		
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			Where it's possible And then also to recognize
		
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			Issues that are serious That need to be
		
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			You know, people need to be warned about
		
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			The last wahaalan mustafid Who qualifies to do
		
00:22:37 --> 00:22:38
			this?
		
00:22:38 --> 00:22:42
			But what's inferred also Is who doesn't qualify
		
00:22:42 --> 00:22:44
			to do this And this will get us
		
00:22:44 --> 00:22:47
			into a discussion About taqleed Something that we
		
00:22:47 --> 00:22:48
			hear a lot online There's no taqleed You
		
00:22:48 --> 00:22:51
			can't make taqleed Taqleed is haram And so
		
00:22:51 --> 00:22:54
			on and so forth So through this we'll
		
00:22:54 --> 00:22:56
			go through these 50 issues Back to Ibn
		
00:22:56 --> 00:23:01
			Badis He says ilm al-usuli ma'rifat
		
00:23:01 --> 00:23:05
			al-qawaid allathi ya'rafu biha kaifa tustafaru
		
00:23:05 --> 00:23:12
			ahkam al-afari min adillat al-ahkam He
		
00:23:12 --> 00:23:14
			said that ilm usul of fiqh Is knowledge
		
00:23:14 --> 00:23:18
			of the foundational principles of usul of fiqh
		
00:23:18 --> 00:23:20
			Which are used to know how to benefit
		
00:23:20 --> 00:23:24
			The actions of people with rulings And those
		
00:23:24 --> 00:23:29
			rulings are generated From the recognized evidences Of
		
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			sharia And we see this now In America
		
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			where political nomenclature Has taken over everything Whether
		
00:23:41 --> 00:23:42
			it's the right or the left We find
		
00:23:42 --> 00:23:45
			people writing and talking about Islam Even in
		
00:23:45 --> 00:23:48
			the Muslim community Using language and evidences And
		
00:23:48 --> 00:23:50
			arguments that have nothing To do with our
		
00:23:50 --> 00:23:54
			tradition And often times they rip us apart
		
00:23:55 --> 00:23:57
			What you'll find with the faqih The scholar
		
00:23:57 --> 00:23:59
			of usul of fiqh Even when they differ
		
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			with people They build Even when they're differing
		
00:24:03 --> 00:24:06
			with people There's fa'idah, subhanallah It's not
		
00:24:06 --> 00:24:10
			a destructive science It's a constructive science Then
		
00:24:10 --> 00:24:13
			he says Fal nahsiril kalama fi khamsati abwab
		
00:24:14 --> 00:24:18
			So we're going to restrict This text To
		
00:24:18 --> 00:24:23
			five chapters Each chapter has ten sections More
		
00:24:23 --> 00:24:25
			or less The word abwab Many of you
		
00:24:25 --> 00:24:29
			know abwab Is the word for door Bab,
		
00:24:29 --> 00:24:32
			it's the plural Jami'ul takseer One of
		
00:24:32 --> 00:24:35
			my teachers in Dar iftah Years ago when
		
00:24:35 --> 00:24:36
			I was studying in Dar iftah He said
		
00:24:36 --> 00:24:37
			to me, why?
		
00:24:37 --> 00:24:41
			Why did the ulema call chapters Abwab, fusul
		
00:24:42 --> 00:24:46
			You know, we say chapters and sections Because
		
00:24:46 --> 00:24:48
			when you hear the word abwab You're reminded
		
00:24:48 --> 00:24:52
			of abwabul jannah Subhanallah So when the student
		
00:24:52 --> 00:24:55
			hears abwab They will remind themselves to be
		
00:24:55 --> 00:24:59
			sincere Like tonight, ask yourself, bro Why are
		
00:24:59 --> 00:24:59
			you here, man?
		
00:25:00 --> 00:25:01
			And you know the greatest sign of your
		
00:25:01 --> 00:25:06
			sincerity That I'll see you in May I
		
00:25:06 --> 00:25:10
			will see you in the 14th class And
		
00:25:10 --> 00:25:11
			you will have the same excitement That you
		
00:25:11 --> 00:25:14
			had the first day And I'll be honest
		
00:25:14 --> 00:25:17
			with you Probably 30% of you will
		
00:25:17 --> 00:25:21
			make it or less If we're lucky Because
		
00:25:21 --> 00:25:25
			shaytan hates people who study Like it's one
		
00:25:25 --> 00:25:30
			of the things Especially usulul fiqh So abwab
		
00:25:30 --> 00:25:33
			It reminds me of the eight abwab of
		
00:25:33 --> 00:25:43
			jannah So the word abwab When
		
00:25:43 --> 00:25:48
			I hear the word abwab, doors That should
		
00:25:48 --> 00:25:52
			bring about a sense of sincerity A sense
		
00:25:52 --> 00:25:57
			of awareness A sense of intentionality That Allah
		
00:25:57 --> 00:26:03
			is with me, alhamdulillah He begins, he starts
		
00:26:03 --> 00:26:05
			to talk about If there's any questions, we
		
00:26:05 --> 00:26:07
			can take them now Because we covered quite
		
00:26:07 --> 00:26:08
			a bit of information I'll review it while
		
00:26:08 --> 00:26:10
			you think about the questions you may ask
		
00:26:10 --> 00:26:12
			So his introduction, we said There's different ways
		
00:26:12 --> 00:26:16
			of introducing usulul fiqh Like the Hanafis Imam
		
00:26:16 --> 00:26:19
			al-Shaykh, he says معرفة القواعد You know,
		
00:26:20 --> 00:26:23
			he says, knowing the qawaid أو علم بالقواعد
		
00:26:25 --> 00:26:27
			We said, number one, are those scholars who
		
00:26:27 --> 00:26:30
			said That usulul fiqh is certain Its sources
		
00:26:30 --> 00:26:32
			are certain That's Ash-Shatibi and a few
		
00:26:32 --> 00:26:34
			others That came before him This is a
		
00:26:34 --> 00:26:41
			minority school The Zahiriya Number two That usulul
		
00:26:41 --> 00:26:45
			fiqh has Aspects of it that are certain
		
00:26:45 --> 00:26:47
			And aspects of it that are debatable This
		
00:26:47 --> 00:26:51
			is the majority of Ahlul Sunnah Hanafis and
		
00:26:51 --> 00:26:57
			the others That's the second The third Ar
		
00:26:57 --> 00:26:58
			-Razi And Ar-Razi actually is not in
		
00:26:58 --> 00:27:00
			this debate Because what Ar-Razi says is
		
00:27:00 --> 00:27:03
			true Usulul fiqh exists whether we know it
		
00:27:03 --> 00:27:05
			or not It's not predicated on human beings
		
00:27:05 --> 00:27:08
			knowing it Allah SWT laid out these usul
		
00:27:08 --> 00:27:12
			And it's for us to uncover them Alhamdulillah
		
00:27:12 --> 00:27:15
			In the secondary sense Not in the primary
		
00:27:15 --> 00:27:18
			sense of usul Those are done And to
		
00:27:18 --> 00:27:21
			continue to extrapolate rulings and guidance For people
		
00:27:21 --> 00:27:22
			to the end of time You have to
		
00:27:22 --> 00:27:25
			ask yourself Is fiqh a fossil?
		
00:27:26 --> 00:27:28
			Or fiqh a raw material That should be
		
00:27:28 --> 00:27:30
			used to serve people today?
		
00:27:31 --> 00:27:32
			This is one of the biggest challenges we
		
00:27:32 --> 00:27:35
			have This anachronistic attitude It's very easy to
		
00:27:35 --> 00:27:40
			live in the past Right Andalusia was great
		
00:27:40 --> 00:27:42
			But that ship has sailed What are you
		
00:27:42 --> 00:27:44
			doing for Inglewood, Illinois?
		
00:27:44 --> 00:27:46
			What are you doing for the south side
		
00:27:46 --> 00:27:46
			of Chicago?
		
00:27:47 --> 00:27:50
			What are you doing for Orland Park?
		
00:27:51 --> 00:27:53
			How is the fiqh functioning now?
		
00:27:53 --> 00:27:58
			Not then And a romanticized community That fetishes
		
00:27:58 --> 00:28:02
			over its past accomplishments Why it's incapable of
		
00:28:02 --> 00:28:05
			bringing One bottle of water into Gaza Or
		
00:28:05 --> 00:28:08
			getting Imran Khan out of jail Is a
		
00:28:08 --> 00:28:12
			defeated, cowardly community That does not have enough
		
00:28:12 --> 00:28:16
			bravery To engage its tradition And bring solutions
		
00:28:16 --> 00:28:19
			for people today And this is one of
		
00:28:19 --> 00:28:23
			the greatest Catastrophes of our ummah now Especially
		
00:28:23 --> 00:28:26
			in America Where we are incapable Of self
		
00:28:26 --> 00:28:30
			-identifying and verifying our scholarship We always have
		
00:28:30 --> 00:28:32
			to ask people from outside To tell us
		
00:28:32 --> 00:28:35
			if we're doing right So I'm gonna challenge
		
00:28:35 --> 00:28:37
			you In fact you're gonna have some case
		
00:28:37 --> 00:28:39
			studies later on That are gonna make you
		
00:28:39 --> 00:28:42
			think How do you apply this?
		
00:28:44 --> 00:28:48
			So Razi said, it exists You just have
		
00:28:48 --> 00:28:51
			to find it We'll take any questions if
		
00:28:51 --> 00:28:53
			you have them now Then we'll continue insha
		
00:28:53 --> 00:28:58
			'Allah Are there any questions from either this
		
00:28:58 --> 00:28:58
			class call or DJAM?
		
00:28:59 --> 00:29:00
			Or if there's any questions online We can
		
00:29:00 --> 00:29:01
			take those as well And we can use
		
00:29:01 --> 00:29:02
			the What's That?
		
00:29:02 --> 00:29:04
			group And discussion boards in the student portal
		
00:29:04 --> 00:29:06
			Also to ask questions If you don't have
		
00:29:06 --> 00:29:13
			any already now مُسْتَفِيدْ يَا أَعْرِفُدْ يَا مُسْتَفِيدْ
		
00:29:21 --> 00:29:23
			خلاص So our definition that we're gonna take
		
00:29:23 --> 00:29:25
			Is a little different than the definition of
		
00:29:25 --> 00:29:27
			Ibn Baris Because of course he's trying to
		
00:29:27 --> 00:29:29
			make it simple But we're taking the definition
		
00:29:29 --> 00:29:33
			of Al-Qadi Nasruddin Al-Baydawi In his
		
00:29:33 --> 00:29:36
			book Al-Minaj When he said, أصول الفقه
		
00:29:37 --> 00:29:40
			Is knowledge of the evidences Knowledge of how
		
00:29:40 --> 00:29:43
			to benefit from those evidences And knowledge of
		
00:29:43 --> 00:29:45
			the conditions of the one Who can use
		
00:29:45 --> 00:29:51
			those evidences That's why it's أصول الفقه Not
		
00:29:51 --> 00:29:54
			أصل الفقه Then the sheikh, he moves on
		
00:29:54 --> 00:29:57
			to talk about Actions and accountability He says,
		
00:29:57 --> 00:30:03
			من مقتضى عبودية العبد لربه أن يكون مطيعا
		
00:30:03 --> 00:30:07
			له في جميع أفعاله In the context of
		
00:30:07 --> 00:30:09
			a servant's devotion to his or her lord
		
00:30:09 --> 00:30:12
			It's essential for that servant to be obedient
		
00:30:14 --> 00:30:18
			Abu Hamid Al-Ghazali says, المنهج والوصول How
		
00:30:18 --> 00:30:19
			can you obey the one you don't know
		
00:30:20 --> 00:30:22
			And how can you claim to obey the
		
00:30:22 --> 00:30:24
			one you know When you don't obey him
		
00:30:24 --> 00:30:26
			in the way he commanded you And I
		
00:30:26 --> 00:30:28
			see Shariq has his hand Yes, Shariq, right
		
00:30:34 --> 00:30:36
			I can't unmute him but maybe someone can
		
00:30:36 --> 00:30:43
			unmute Shariq Or maybe we can wait till
		
00:30:43 --> 00:30:46
			the end Okay So he says, In the
		
00:30:46 --> 00:30:49
			context of a servant's devotion to his or
		
00:30:49 --> 00:30:51
			her lord It is essential for that servant
		
00:30:51 --> 00:30:53
			to be obedient to Allah In all of
		
00:30:53 --> 00:30:55
			their actions So now what he's getting at
		
00:30:55 --> 00:30:56
			is What is the fruit?
		
00:30:56 --> 00:30:59
			What's the purpose at an individual level of
		
00:30:59 --> 00:31:00
			learning these things?
		
00:31:00 --> 00:31:01
			Because I need to make sure that I'm
		
00:31:01 --> 00:31:05
			obedient وَمَا خَلَقُتُ الْجِنَّ وَالْإِنسَاءِ لَذِي عَبُّدُونَ Whether
		
00:31:05 --> 00:31:08
			these actions are manifested through their outward physical
		
00:31:08 --> 00:31:13
			faculties Or their inner faculties And so here
		
00:31:13 --> 00:31:16
			he's getting at the broad nature of the
		
00:31:16 --> 00:31:19
			Sharia That it encompasses the outer and the
		
00:31:19 --> 00:31:22
			inner Our intention and our actions How we
		
00:31:22 --> 00:31:27
			feel This obedience is characterized by adhering to
		
00:31:27 --> 00:31:30
			the commands of Allah And His permission So
		
00:31:30 --> 00:31:34
			he's talking here about Fiqh That's why he
		
00:31:34 --> 00:31:37
			says something nice Very nice, he says وَذَٰرِكَ
		
00:31:37 --> 00:31:42
			بِأَن يَجْرِيَ عَلَىٰ مُقْتَضَىٰ طَلَبِ اللَّهِ وَإِذْنِهِ That
		
00:31:42 --> 00:31:45
			all of that obedience to Allah Is based
		
00:31:45 --> 00:31:50
			on Allah's command or His permissions فَلْيَفْعَلُ مَا
		
00:31:50 --> 00:31:53
			تُرِبَ مِنْهُ فِعْلُهُ So whatever Allah has commanded
		
00:31:53 --> 00:31:55
			that person If they want to be obedient
		
00:31:55 --> 00:32:00
			they do it وَيَتْرُّكُوا أَنْ يَلِيكُوا مَا تُرِبَ
		
00:32:00 --> 00:32:03
			مِنْهُ تَرْكُهُ And here's a mistake in the
		
00:32:03 --> 00:32:05
			print That they leave what Allah has commanded
		
00:32:05 --> 00:32:06
			them to leave I want you to remember
		
00:32:06 --> 00:32:10
			this The Sharia, in the context of our
		
00:32:10 --> 00:32:13
			discussion Is based on three things It's a
		
00:32:13 --> 00:32:14
			good question I'm gonna ask you later on
		
00:32:15 --> 00:32:20
			Commands to do Commands not to do and
		
00:32:20 --> 00:32:20
			permissions.
		
00:32:22 --> 00:32:25
			That's the whole of the Shari'ah, Fi
		
00:32:25 --> 00:32:27
			'il, Tark, wa'l-ithn.
		
00:32:29 --> 00:32:31
			And of course those commands to do are
		
00:32:31 --> 00:32:33
			of two types, right?
		
00:32:34 --> 00:32:36
			Non-negotiable, which means Fard.
		
00:32:36 --> 00:32:39
			Negotiable, which is like recommended, like Sunnah.
		
00:32:40 --> 00:32:43
			Commands not to do are either definitive, like
		
00:32:43 --> 00:32:47
			Haram, or dislike, like Makrooh.
		
00:32:48 --> 00:32:51
			And then finally the fifth permission, Ibaaha.
		
00:32:52 --> 00:32:54
			So what the Shaykh is doing here is
		
00:32:54 --> 00:32:57
			he's tying the idea of Ihsan.
		
00:32:57 --> 00:32:59
			How do I live a life as though
		
00:32:59 --> 00:33:00
			I see Allah even though I can't see
		
00:33:00 --> 00:33:00
			Him?
		
00:33:01 --> 00:33:03
			I live a life as though I see
		
00:33:03 --> 00:33:05
			Allah even though I can't see Him by
		
00:33:05 --> 00:33:06
			adhering to His commands.
		
00:33:06 --> 00:33:12
			What Shaykh Abdul Sattar said, وَلَا تَوَلَّوْ عَنْهُ
		
00:33:12 --> 00:33:17
			وَأَنْتُمْ تَسْمَعُونَ Obey Allah and His Messenger.
		
00:33:18 --> 00:33:24
			أَطِيعُوا اللَّهَ وَرَسُولَهُ وَلَا تَوَلَّوْ عَنْهُ وَأَنْتُمْ تَسْمَعُونَ
		
00:33:24 --> 00:33:26
			Obey Allah, obey His Messenger.
		
00:33:27 --> 00:33:29
			That's why we can sort of, if we're
		
00:33:29 --> 00:33:31
			at a neighbor net level, we get sometimes
		
00:33:31 --> 00:33:34
			the people who get a little bit too
		
00:33:34 --> 00:33:35
			far out in Tasawwuf.
		
00:33:36 --> 00:33:38
			You know what Imam WD Muhammad said, that
		
00:33:38 --> 00:33:40
			sometimes religion is like alcohol.
		
00:33:40 --> 00:33:42
			People drink too much they can't drive no
		
00:33:42 --> 00:33:42
			more.
		
00:33:42 --> 00:33:44
			Sometimes Sufism is like alcohol.
		
00:33:44 --> 00:33:46
			People that drink too much of it, man,
		
00:33:46 --> 00:33:47
			they can't function no more.
		
00:33:47 --> 00:33:49
			They start getting way out there, man, in
		
00:33:49 --> 00:33:50
			outer space somewhere.
		
00:33:51 --> 00:33:55
			But balanced Sunni Tasawwuf is as Imam Junaid
		
00:33:55 --> 00:33:59
			said, طَرِيقَتُنَا مَبْمِعَ عَلَىٰ كِتَبُ السُّنَّةِ Our way
		
00:33:59 --> 00:34:00
			is based on Quran and Sunnah.
		
00:34:00 --> 00:34:02
			Obedience to Quran and Sunnah.
		
00:34:03 --> 00:34:05
			So what we talk about Ihsan.
		
00:34:06 --> 00:34:08
			Oh Ihsan is like, you know, I saw
		
00:34:08 --> 00:34:10
			some white lady one time, man, at some
		
00:34:10 --> 00:34:13
			freaking university book fair.
		
00:34:13 --> 00:34:15
			She's like, you know, like Ihsan is like
		
00:34:15 --> 00:34:18
			when I smoke weed and like I'm not
		
00:34:18 --> 00:34:19
			a gentrifier.
		
00:34:19 --> 00:34:22
			And I was like, what is this backwards
		
00:34:22 --> 00:34:23
			person, man?
		
00:34:23 --> 00:34:25
			You know, I had to sit her down
		
00:34:25 --> 00:34:27
			and say, Wallahi, you're appropriating our deen.
		
00:34:29 --> 00:34:32
			Actually, she kind of didn't know that this
		
00:34:32 --> 00:34:32
			is from Islam.
		
00:34:33 --> 00:34:34
			That's how weird she was.
		
00:34:34 --> 00:34:37
			She was out on like cloud 479.
		
00:34:38 --> 00:34:40
			But sometimes you find Muslims like this too.
		
00:34:41 --> 00:34:44
			How do we re-center at a neighbor
		
00:34:44 --> 00:34:44
			net level?
		
00:34:46 --> 00:34:50
			We re-center this on Ihsan is indicated
		
00:34:50 --> 00:34:52
			by your connection to command.
		
00:34:54 --> 00:34:57
			That's why Sidi Ahmed Zaroukh said, الفقيه يستغني
		
00:34:57 --> 00:35:03
			عن المتصوف والمتصوف لا يستغني عن الفقيه Shaykh
		
00:35:03 --> 00:35:05
			Ahmed Zaroukh said, a faqih, a scholar of
		
00:35:05 --> 00:35:07
			Islamic law doesn't need a scholar of tasawwuf.
		
00:35:08 --> 00:35:10
			But a scholar of tarbiyah or tasawwuf will
		
00:35:10 --> 00:35:12
			always need a faqih.
		
00:35:12 --> 00:35:14
			Will always need someone who tells them, this
		
00:35:14 --> 00:35:15
			is right, this is wrong.
		
00:35:15 --> 00:35:17
			This is haram, this is halal.
		
00:35:17 --> 00:35:19
			This is wajib, this is mustahab.
		
00:35:19 --> 00:35:20
			So this is what he's getting at here.
		
00:35:21 --> 00:35:24
			He says, in the context where مُقتَضَى عُبُودِيَّةِ
		
00:35:24 --> 00:35:26
			الْعَبْدِ لِرَبِّي In the servitude that we have
		
00:35:26 --> 00:35:29
			to our Lord is that it is conditioned
		
00:35:29 --> 00:35:29
			on what?
		
00:35:29 --> 00:35:33
			It's contingent on وُطِيعَ اللَّهُ obedience to Allah.
		
00:35:33 --> 00:35:36
			When I say, وَأَشْهَدُ أَشْهَدُ أَلَّا إِلَٰهِ لَا
		
00:35:36 --> 00:35:39
			اللَّهِ That is indicated by my servitude to
		
00:35:39 --> 00:35:39
			Allah.
		
00:35:42 --> 00:35:44
			My clinging to that servitude.
		
00:35:44 --> 00:35:45
			Which means ibadah.
		
00:35:46 --> 00:35:48
			And how can I cling to ibadah if
		
00:35:48 --> 00:35:49
			I don't know the rules?
		
00:35:50 --> 00:35:52
			And how can I cling to the rules
		
00:35:52 --> 00:35:53
			if I don't know how those rules came
		
00:35:53 --> 00:35:53
			about?
		
00:35:54 --> 00:35:55
			So you can see he's going backwards.
		
00:35:56 --> 00:35:57
			So what he's trying to do is show
		
00:35:57 --> 00:36:01
			you, usul of fiqh, its importance, its centrality
		
00:36:01 --> 00:36:04
			is that it is the recipe for the
		
00:36:04 --> 00:36:05
			rules that equate to worship.
		
00:36:08 --> 00:36:09
			It's the chef in the kitchen.
		
00:36:10 --> 00:36:12
			It's the auntie who can go to the
		
00:36:12 --> 00:36:15
			market and say, don't buy this, don't buy
		
00:36:15 --> 00:36:17
			this, this is spoiled, this is not fresh,
		
00:36:18 --> 00:36:19
			that doesn't work, this won't work.
		
00:36:20 --> 00:36:20
			That's the usul.
		
00:36:21 --> 00:36:22
			So I want you to think about what
		
00:36:22 --> 00:36:23
			he's doing here.
		
00:36:23 --> 00:36:26
			He's saying, listen, a life of ihsan is
		
00:36:26 --> 00:36:29
			indicated by a dedication to what Allah has
		
00:36:29 --> 00:36:30
			commanded.
		
00:36:30 --> 00:36:33
			And what Allah has commanded is fiqh.
		
00:36:33 --> 00:36:36
			But what is the recipe that generates those
		
00:36:36 --> 00:36:37
			commands?
		
00:36:37 --> 00:36:39
			Usul of fiqh.
		
00:36:41 --> 00:36:43
			I'm summarizing what he's saying here.
		
00:36:44 --> 00:36:47
			So therefore a person who is living a
		
00:36:47 --> 00:36:49
			life that they understand, either I'm doing, I'm
		
00:36:49 --> 00:36:51
			not doing, or I'm permitted.
		
00:36:52 --> 00:36:57
			He says, فَلْيَفْعَلُ مَا تُلِبَ مِنْهُ فِعْلُهُ وَيَتْرُكُ
		
00:36:57 --> 00:37:01
			مَا تُلِبَ مِنْهُ تَرْكُهُ وَيَخْتَارُ فِي مَا أُذِنَ
		
00:37:01 --> 00:37:05
			لَهُ فِي فِعْلِهِ وَتَرْكِي يَسَلَامٌ This is the
		
00:37:05 --> 00:37:05
			whole deen.
		
00:37:06 --> 00:37:08
			What he said in one sentence is the
		
00:37:08 --> 00:37:08
			whole deen.
		
00:37:09 --> 00:37:11
			That a person does what they're commanded, they
		
00:37:11 --> 00:37:14
			avoid what they've been commanded to avoid, and
		
00:37:14 --> 00:37:17
			what they're permitted to do, they choose.
		
00:37:19 --> 00:37:22
			إِذْ كُلُّ فِعْلًا مِنْ أَفْعَالِهِ لَبُدَّ أَن يَكُونُ
		
00:37:22 --> 00:37:26
			مَطْلُوبَ الْفِعْلِ أَوْ مَطْلُوبَ الْتَرْكِ Because every action
		
00:37:26 --> 00:37:28
			we do, either we're commanded to do it
		
00:37:28 --> 00:37:29
			or commanded not to do it.
		
00:37:32 --> 00:37:37
			أَوْ مَأْذُونًا فِي فِعْلِهِ وَتَرْكِي Or a person
		
00:37:37 --> 00:37:40
			is permitted to do it or not do
		
00:37:40 --> 00:37:40
			it.
		
00:37:40 --> 00:37:43
			And this actually is a beautiful explanation of
		
00:37:43 --> 00:37:46
			the verse, I have not created jinn and
		
00:37:46 --> 00:37:47
			human beings except to worship me.
		
00:37:49 --> 00:37:52
			And this is a beautiful description of what
		
00:37:52 --> 00:37:54
			a life of ibadah looks like.
		
00:37:56 --> 00:37:59
			What does a life as a abid to
		
00:37:59 --> 00:38:00
			Allah look like?
		
00:38:02 --> 00:38:06
			Then he says, كُلُّ فِعْلٍ مِنْ أَفْعَالِ مُكَلَّ
		
00:38:06 --> 00:38:10
			فِي ظَاهِرَةِ وَالْبَاطِنَةِ لَبُدَّ أَن يَكُونَ قَدْ تَعَلَّقَ
		
00:38:10 --> 00:38:15
			بِهِ حُكْمُ مِنْ أَحْكَامِ Every action, whether internal
		
00:38:15 --> 00:38:18
			or external, there is a ruling from it.
		
00:38:19 --> 00:38:20
			There is a ruling for it.
		
00:38:21 --> 00:38:23
			Either a rule to do, a rule not
		
00:38:23 --> 00:38:24
			to do, or permissible.
		
00:38:24 --> 00:38:26
			And this actually is a statement of Imam
		
00:38:26 --> 00:38:28
			Al-Shafi'i, رحمه الله, in his Risalah.
		
00:38:29 --> 00:38:31
			He said, every action has a ruling.
		
00:38:33 --> 00:38:36
			The majority of the actions are going to
		
00:38:36 --> 00:38:37
			fall under permissibility.
		
00:38:37 --> 00:38:40
			Alhamdulillah, Allah is not Jabbar in that way,
		
00:38:40 --> 00:38:43
			in an oppressive way.
		
00:38:44 --> 00:38:46
			He is Jabbar in a transcendent, incredible way.
		
00:38:47 --> 00:38:48
			But he is not a dictator.
		
00:38:49 --> 00:38:51
			So the majority of what we engage in
		
00:38:51 --> 00:38:52
			is permissible.
		
00:38:54 --> 00:38:56
			So he says, كُلُّ فِعْلٍ Every action, من
		
00:38:56 --> 00:38:58
			أفعال مُكَلَّ From a responsible person.
		
00:38:58 --> 00:39:00
			Who is a responsible person?
		
00:39:00 --> 00:39:02
			Especially if you are a neighbor, next you
		
00:39:02 --> 00:39:03
			have some young men, now they are in
		
00:39:03 --> 00:39:04
			the emergent adulthood, yeah?
		
00:39:04 --> 00:39:08
			So maybe they are asking you, what is
		
00:39:08 --> 00:39:12
			the sort of responsibility for you?
		
00:39:13 --> 00:39:14
			Or how do I know I'm responsible?
		
00:39:14 --> 00:39:16
			Make sure brothers can see it.
		
00:39:17 --> 00:39:21
			Is number one, they are experiencing physical signs
		
00:39:21 --> 00:39:22
			of puberty.
		
00:39:23 --> 00:39:25
			Number two, they have the mental ability to
		
00:39:25 --> 00:39:26
			moralize.
		
00:39:27 --> 00:39:30
			Number three, they have the physical ability to
		
00:39:30 --> 00:39:30
			do the act.
		
00:39:30 --> 00:39:34
			And number four, there is no psychological or
		
00:39:34 --> 00:39:35
			emotional problems.
		
00:39:36 --> 00:39:39
			To the extent that those psychological or emotional
		
00:39:39 --> 00:39:42
			problems are going to inhibit their ability to
		
00:39:42 --> 00:39:42
			worship.
		
00:39:43 --> 00:39:44
			That's a مُكَلَّف.
		
00:39:45 --> 00:39:48
			We don't have teenagers, we don't have emergent
		
00:39:48 --> 00:39:49
			adults, we don't have...
		
00:39:49 --> 00:39:51
			We have مُكَلَّف غير مُكَلَّف.
		
00:39:52 --> 00:39:54
			Either you are going to answer to Allah,
		
00:39:54 --> 00:39:55
			you are not going to answer to Allah.
		
00:39:57 --> 00:39:59
			So he says, كُلُّ فِعْلٍ من أفعال مُكَلَّف
		
00:39:59 --> 00:40:02
			Every action from the responsible person, whether outwardly
		
00:40:02 --> 00:40:07
			or inwardly, لَابُودْ must be related or associated
		
00:40:07 --> 00:40:09
			with one of the rulings of Allah.
		
00:40:10 --> 00:40:12
			لِيَأَنَّ الْإِنسَانِ And this is beautiful.
		
00:40:13 --> 00:40:15
			Maybe somebody ask you, why are all this
		
00:40:15 --> 00:40:16
			halal and haram in Islam?
		
00:40:17 --> 00:40:19
			You know how you can use this?
		
00:40:19 --> 00:40:20
			I used to do this when I was
		
00:40:20 --> 00:40:22
			in MSA and I used to be in
		
00:40:22 --> 00:40:23
			Usra.
		
00:40:23 --> 00:40:25
			I would tell them, because Allah gave you
		
00:40:25 --> 00:40:25
			a شَرَف.
		
00:40:25 --> 00:40:27
			You are not an animal.
		
00:40:27 --> 00:40:30
			You are not created for no reason.
		
00:40:30 --> 00:40:32
			You have an honorable purpose.
		
00:40:33 --> 00:40:35
			Something that has an honorable purpose, there are
		
00:40:35 --> 00:40:37
			going to be a lot of compliancy issues
		
00:40:37 --> 00:40:39
			to make sure it takes care of its
		
00:40:39 --> 00:40:39
			honor.
		
00:40:39 --> 00:40:42
			وَلَقَدَ كَرَّنَّا بَنِ آدمِ We honored human beings.
		
00:40:43 --> 00:40:49
			So he says, لِيَأَنَّ الْإِنسَانَ لَامْ يُخْلَقْ عَبَثًا
		
00:40:50 --> 00:40:52
			People were not created for no reason.
		
00:40:53 --> 00:40:57
			وَلَمْ يُطْرَكْ سُدًى And left with nothing.
		
00:40:57 --> 00:41:00
			وَحُكْمُ اللَّهِ تَعَالَى The rulings of Allah.
		
00:41:01 --> 00:41:05
			هُوَ أَوْ طَلَبُهُ أَوْ إِذْنُهُ أَوْ وَضْعُهُ There
		
00:41:05 --> 00:41:06
			should be no شَدَّ here.
		
00:41:08 --> 00:41:10
			And so what he's doing here, he actually
		
00:41:10 --> 00:41:13
			addressed two very important issues when it comes
		
00:41:13 --> 00:41:15
			to like existential issues related to philosophy.
		
00:41:16 --> 00:41:19
			Number one is, what does it mean to
		
00:41:19 --> 00:41:19
			be religious?
		
00:41:22 --> 00:41:23
			Right, religiosity.
		
00:41:23 --> 00:41:26
			How do I exemplify religiosity?
		
00:41:26 --> 00:41:28
			Through obedience to Allah.
		
00:41:28 --> 00:41:29
			Not through TikTok likes.
		
00:41:31 --> 00:41:32
			Not through attention.
		
00:41:33 --> 00:41:36
			Not because I'm speaking on stage.
		
00:41:38 --> 00:41:40
			The inverse also, I heard some people say
		
00:41:40 --> 00:41:41
			some disgusting things.
		
00:41:41 --> 00:41:43
			Oh, this is happening to Palestinians because they
		
00:41:43 --> 00:41:44
			were not good Muslims.
		
00:41:44 --> 00:41:45
			Are you crazy?
		
00:41:46 --> 00:41:49
			The opposite, maybe Allah SWT made this ibtila
		
00:41:49 --> 00:41:51
			as a means to raise their maqam and
		
00:41:51 --> 00:41:53
			forgive them of all their sins and to
		
00:41:53 --> 00:41:56
			teach us how negligent we are, subhanAllah, that
		
00:41:56 --> 00:41:57
			we don't obey Allah and we live in
		
00:41:57 --> 00:42:01
			mansions, they're obeying Allah, subhanAllah, in rubble.
		
00:42:01 --> 00:42:02
			Allahu Akbar.
		
00:42:03 --> 00:42:07
			So we are allowed now to redefine how
		
00:42:07 --> 00:42:10
			we look at religion beyond the capitalist lens
		
00:42:11 --> 00:42:13
			that links success and value to what you
		
00:42:13 --> 00:42:16
			have intrinsically when it comes to your wealth.
		
00:42:17 --> 00:42:19
			Ibadah is not about this.
		
00:42:20 --> 00:42:22
			Ibadah says, it doesn't matter what you have,
		
00:42:22 --> 00:42:24
			it matters where you're at.
		
00:42:24 --> 00:42:26
			Meaning what maqam are you in with Allah?
		
00:42:27 --> 00:42:28
			That's what Imam Ibn Al-Ta'ala said.
		
00:42:29 --> 00:42:30
			If you want to know where you are
		
00:42:30 --> 00:42:32
			with Allah, look where Allah put you.
		
00:42:33 --> 00:42:34
			What are you busy with?
		
00:42:36 --> 00:42:40
			So, number one, Islamically we are able to
		
00:42:40 --> 00:42:43
			move beyond the shallow notions of how I
		
00:42:43 --> 00:42:45
			dress, how I talk, how I wear a
		
00:42:45 --> 00:42:47
			turban, how I wear a certain kind of
		
00:42:47 --> 00:42:49
			perfume, I have a dhikr beads, I have
		
00:42:49 --> 00:42:50
			knowledge, la la la la.
		
00:42:51 --> 00:42:54
			At the end of the day, where am
		
00:42:54 --> 00:42:57
			I with the commands and prohibitions of Allah?
		
00:42:58 --> 00:43:00
			That's all that matters.
		
00:43:00 --> 00:43:02
			Whether it's in a Model Y or whether
		
00:43:02 --> 00:43:03
			I'm hitchhiking.
		
00:43:03 --> 00:43:06
			If I'm praying and I'm hitchhiking, believe me
		
00:43:06 --> 00:43:07
			I'm in a Rolls Royce.
		
00:43:07 --> 00:43:08
			And if I'm in a Rolls Royce and
		
00:43:08 --> 00:43:11
			I don't pray, I might as well be
		
00:43:11 --> 00:43:12
			in a junkyard.
		
00:43:15 --> 00:43:18
			The second issue that he addresses, which is
		
00:43:18 --> 00:43:21
			very important, is that the reason for ghouls
		
00:43:21 --> 00:43:24
			in Islam and the reason that we have
		
00:43:24 --> 00:43:27
			halal and haram, is because human beings were
		
00:43:27 --> 00:43:29
			not created without purpose.
		
00:43:30 --> 00:43:33
			We have a noble purpose and that purpose
		
00:43:33 --> 00:43:34
			is ibadah.
		
00:43:35 --> 00:43:38
			And it's out of Allah's mercy that He
		
00:43:38 --> 00:43:40
			legislated this deen for us in a way
		
00:43:40 --> 00:43:42
			that will allow us to hold on to
		
00:43:42 --> 00:43:44
			this honorable position that He gave us.
		
00:43:45 --> 00:43:47
			That's why it says, إِنَّ الصَّلَاةَ تَنْهَى عَنِ
		
00:43:47 --> 00:43:51
			الْفَحْشَاءِ وَالْمُنكَرِ Prayer keeps away from evil.
		
00:43:52 --> 00:43:53
			Fasting brings about taqwa.
		
00:43:53 --> 00:43:55
			Hajj improves our character.
		
00:43:57 --> 00:44:00
			As we finish the last section, he says,
		
00:44:00 --> 00:44:05
			وَطَلَبُوا إِمَّا لِلْفِعْرِ وَإِمَّا لِلْتَرْكِ As I said
		
00:44:05 --> 00:44:08
			earlier, he says the request can be made
		
00:44:08 --> 00:44:12
			either for actions or for abstaining from actions.
		
00:44:12 --> 00:44:15
			What he means by actions is fard or
		
00:44:15 --> 00:44:15
			sunnah.
		
00:44:17 --> 00:44:20
			What he means by refraining is haram or
		
00:44:20 --> 00:44:20
			makrooh.
		
00:44:23 --> 00:44:24
			He's going to explain it.
		
00:44:24 --> 00:44:26
			He says, and in both cases, they can
		
00:44:26 --> 00:44:29
			be either on the basis of precaution.
		
00:44:30 --> 00:44:33
			Like sometimes, you know, rulings are going to
		
00:44:33 --> 00:44:35
			take on a greater importance just to be
		
00:44:35 --> 00:44:36
			safe.
		
00:44:36 --> 00:44:38
			وَلَا تَقْرَبَ هَذِهِ شَجَرًا Don't come close to
		
00:44:38 --> 00:44:39
			the tree.
		
00:44:40 --> 00:44:42
			Coming close to the tree isn't forbidden, but
		
00:44:42 --> 00:44:43
			it's better to be safe.
		
00:44:44 --> 00:44:46
			Or preference, الترجيح, we'll talk about it in
		
00:44:46 --> 00:44:47
			the future.
		
00:44:48 --> 00:44:49
			When a request is made for an action
		
00:44:49 --> 00:44:52
			based, and here he's going to define for
		
00:44:52 --> 00:44:55
			you the five rulings of Islam in a
		
00:44:55 --> 00:44:55
			very simple way.
		
00:44:55 --> 00:44:58
			Usually, in classical books of usul of fiqh,
		
00:44:58 --> 00:45:02
			this section becomes really complicated, very philosophical, a
		
00:45:02 --> 00:45:03
			lot of arguments about terminology.
		
00:45:04 --> 00:45:06
			Ibn al-Bayt, as he understands now, people
		
00:45:06 --> 00:45:07
			can't digest all this.
		
00:45:08 --> 00:45:09
			So what does he do?
		
00:45:11 --> 00:45:12
			He gives wusum.
		
00:45:13 --> 00:45:15
			He gives a description of it in a
		
00:45:15 --> 00:45:17
			way that is easy to digest.
		
00:45:18 --> 00:45:22
			So he says, requests can be made either
		
00:45:22 --> 00:45:25
			for actions or for abstaining from actions.
		
00:45:25 --> 00:45:27
			And in both cases, they can be either
		
00:45:27 --> 00:45:29
			on the basis of precaution, like I need
		
00:45:29 --> 00:45:31
			to be careful, or I need to do
		
00:45:31 --> 00:45:31
			this to be safe.
		
00:45:32 --> 00:45:34
			Or preference, you know, I prefer this, maybe
		
00:45:34 --> 00:45:35
			I shouldn't do this.
		
00:45:35 --> 00:45:37
			When a request is made for an action
		
00:45:37 --> 00:45:41
			based on precaution, it is considered, I need
		
00:45:41 --> 00:45:44
			you to remember this, the scholars of usul
		
00:45:44 --> 00:45:46
			of fiqh don't say wajib, they say ijab.
		
00:45:48 --> 00:45:50
			Because the word wajib is describing an action.
		
00:45:51 --> 00:45:53
			Ijab is describing a text.
		
00:45:53 --> 00:45:54
			Just remember this.
		
00:45:56 --> 00:45:57
			I don't want to make it too complicated
		
00:45:57 --> 00:45:59
			for you, but usually you hear like wajib,
		
00:46:00 --> 00:46:03
			makruh, mandub, mustahab.
		
00:46:04 --> 00:46:05
			That's not the terminology of the scholars of
		
00:46:05 --> 00:46:06
			usul of fiqh.
		
00:46:07 --> 00:46:09
			That's the terminology of the people of fiqh.
		
00:46:10 --> 00:46:13
			But the referee is concerned about texts.
		
00:46:15 --> 00:46:15
			Right?
		
00:46:15 --> 00:46:17
			The faqih is concerned about actions.
		
00:46:19 --> 00:46:22
			Remember I told you early on, the scholar
		
00:46:22 --> 00:46:23
			of usul is the referee.
		
00:46:25 --> 00:46:28
			The faqih is the player on the court.
		
00:46:29 --> 00:46:30
			And the coach.
		
00:46:31 --> 00:46:34
			So he says, when something is an absolute
		
00:46:34 --> 00:46:38
			command to do, it's called ijab.
		
00:46:41 --> 00:46:42
			You understand it?
		
00:46:42 --> 00:46:44
			If you're Hanafi, farb.
		
00:46:45 --> 00:46:47
			We'll talk about that difference in the future.
		
00:46:48 --> 00:46:50
			If the request for an action is based
		
00:46:50 --> 00:46:54
			on preference, meaning you can do it or
		
00:46:54 --> 00:46:58
			not, but it's recommended, it's called a nadab,
		
00:46:58 --> 00:46:59
			not mandub.
		
00:47:00 --> 00:47:01
			Mandub is in fiqh.
		
00:47:02 --> 00:47:03
			Nadab, usul of fiqh.
		
00:47:07 --> 00:47:09
			Sometimes classical scholars, when you go to them,
		
00:47:09 --> 00:47:12
			if you're a beginning student, they'll test you.
		
00:47:13 --> 00:47:16
			They ask you, فأما هذا عند الأصوليين؟
		
00:47:16 --> 00:47:17
			فما هو؟
		
00:47:17 --> 00:47:20
			If you say wajib, ياري امشي.
		
00:47:21 --> 00:47:22
			If you say wajib, they would say go
		
00:47:22 --> 00:47:23
			away.
		
00:47:23 --> 00:47:24
			If you say ijab, come.
		
00:47:25 --> 00:47:27
			They know that you know enough to be
		
00:47:27 --> 00:47:27
			there.
		
00:47:29 --> 00:47:31
			Or desirability, الاستحباب.
		
00:47:32 --> 00:47:35
			So nadab is recommended, istihbab is a form
		
00:47:35 --> 00:47:37
			of recommended, but it's more intense.
		
00:47:38 --> 00:47:40
			That's why it's from the word love, it
		
00:47:40 --> 00:47:41
			brings about the love of Allah.
		
00:47:43 --> 00:47:43
			Subhanahu wa ta'ala.
		
00:47:44 --> 00:47:46
			Similarly, when there is a request for abstaining
		
00:47:46 --> 00:47:49
			from an action based on prohibition, it's not
		
00:47:49 --> 00:47:50
			called haram.
		
00:47:50 --> 00:47:52
			In usul, it's called tahreem.
		
00:47:54 --> 00:47:56
			And you guys should have this text with
		
00:47:56 --> 00:47:56
			you, by the way.
		
00:47:57 --> 00:47:57
			Tahreem.
		
00:48:00 --> 00:48:06
			Or al-hathro, prohibition, same meaning.
		
00:48:10 --> 00:48:12
			If the request for abstaining from an action
		
00:48:12 --> 00:48:15
			is based on preference, it is considered disliked.
		
00:48:15 --> 00:48:17
			Al-kiraaha, don't say makroo.
		
00:48:18 --> 00:48:19
			Al-kiraaha.
		
00:48:22 --> 00:48:25
			And finally, permission from Allah for both performing
		
00:48:25 --> 00:48:28
			and abstaining from actions is known as al
		
00:48:28 --> 00:48:30
			-ibaha, not mubah.
		
00:48:31 --> 00:48:32
			Ibaha.
		
00:48:34 --> 00:48:36
			Then he says something very important as we
		
00:48:36 --> 00:48:36
			finish.
		
00:48:37 --> 00:48:41
			It is worth noting that requests and permissions
		
00:48:41 --> 00:48:43
			are collectively referred to.
		
00:48:43 --> 00:48:45
			All of them are called hukum.
		
00:48:48 --> 00:48:49
			And why does he say that?
		
00:48:49 --> 00:48:52
			Because earlier on he said there's no action
		
00:48:52 --> 00:48:54
			you do except there's a ruling.
		
00:48:54 --> 00:48:57
			So if you think about our life, either
		
00:48:57 --> 00:48:59
			I'm doing something forbidden, may Allah protect me,
		
00:49:00 --> 00:49:03
			I'm doing something which is obligatory, I am
		
00:49:04 --> 00:49:07
			doing something which is disliked, I'm doing something
		
00:49:07 --> 00:49:08
			which is permissible.
		
00:49:09 --> 00:49:12
			On the flip side, may Allah protect me,
		
00:49:12 --> 00:49:15
			I'm not doing an obligation, I'm not doing
		
00:49:15 --> 00:49:18
			haram good, I'm not doing makroo good, I'm
		
00:49:18 --> 00:49:20
			not doing something permissible.
		
00:49:20 --> 00:49:20
			It's okay.
		
00:49:21 --> 00:49:25
			So my whole life will fall under these
		
00:49:25 --> 00:49:25
			five.
		
00:49:29 --> 00:49:31
			Why is he talking about this?
		
00:49:32 --> 00:49:35
			Because the outcome of usul of fiqh is
		
00:49:35 --> 00:49:36
			the ruling.
		
00:49:38 --> 00:49:38
			The faqih.
		
00:49:42 --> 00:49:44
			The next four sections that we'll talk about,
		
00:49:45 --> 00:49:46
			he's going to get into some of the
		
00:49:46 --> 00:49:47
			different types of rulings.
		
00:49:48 --> 00:49:55
			What are called prescriptive rulings, positive rulings, some
		
00:49:55 --> 00:49:56
			scholars call them.
		
00:49:57 --> 00:49:58
			Then he's going to talk about the difference
		
00:49:58 --> 00:50:00
			between taklif and wada'i.
		
00:50:01 --> 00:50:03
			And then he's going to talk about sharia
		
00:50:03 --> 00:50:04
			rulings and revelation.
		
00:50:06 --> 00:50:07
			Then after that he's going to give some
		
00:50:07 --> 00:50:10
			examples of taklifi and wada'i rulings, which
		
00:50:10 --> 00:50:12
			is important, which we're going to go through,
		
00:50:12 --> 00:50:13
			will help you understand things well.
		
00:50:15 --> 00:50:16
			And then he's going to talk about the
		
00:50:16 --> 00:50:21
			division of rulings into negotiables or defaults and
		
00:50:21 --> 00:50:24
			concessions, dispensations, which is important.
		
00:50:25 --> 00:50:27
			And then he's going to talk about the
		
00:50:27 --> 00:50:30
			type of rulings in relationship to contracts, like
		
00:50:30 --> 00:50:32
			marriage contracts, business contracts, and so on and
		
00:50:32 --> 00:50:33
			so forth.
		
00:50:33 --> 00:50:35
			And then he's going to go back to
		
00:50:35 --> 00:50:36
			who's the judge in all of this?
		
00:50:36 --> 00:50:37
			It's Allah.
		
00:50:38 --> 00:50:40
			Then he's going to talk about, and this
		
00:50:40 --> 00:50:43
			is a very important section, what's the purpose
		
00:50:43 --> 00:50:44
			of these rulings?
		
00:50:45 --> 00:50:46
			Like why do we have them?
		
00:50:47 --> 00:50:48
			Who are they for?
		
00:50:50 --> 00:50:51
			Who's accountable?
		
00:50:52 --> 00:50:54
			Who's the address of the sharia to?
		
00:50:54 --> 00:50:57
			And then slowly he gets back into the
		
00:50:57 --> 00:50:59
			guts of usulu fiqh.
		
00:51:00 --> 00:51:02
			So alhamdulillah today we talked about a lot
		
00:51:02 --> 00:51:03
			of information.
		
00:51:03 --> 00:51:03
			Alhamdulillah.
		
00:51:05 --> 00:51:07
			Number one, we talked about who he was.
		
00:51:07 --> 00:51:12
			Ibn Badis Al-Jazaeri We talked about ilmu
		
00:51:12 --> 00:51:12
			usulu fiqh.
		
00:51:12 --> 00:51:14
			I didn't want to get off too far
		
00:51:14 --> 00:51:15
			into it, but sometimes I have this habit
		
00:51:15 --> 00:51:16
			of doing it, which is not good.
		
00:51:17 --> 00:51:20
			We said that usulu fiqh, there are like
		
00:51:20 --> 00:51:21
			three different approaches to defining it.
		
00:51:21 --> 00:51:23
			One is through the lens of it being
		
00:51:23 --> 00:51:23
			certain.
		
00:51:23 --> 00:51:25
			The second is that there are components of
		
00:51:25 --> 00:51:26
			usulu fiqh that are certain.
		
00:51:27 --> 00:51:28
			Then there are components which are negotiated.
		
00:51:28 --> 00:51:30
			That's the majority of scholars.
		
00:51:30 --> 00:51:32
			And then finally we talked about Ar-Razi
		
00:51:32 --> 00:51:34
			saying usulu exists whether we know it or
		
00:51:34 --> 00:51:34
			not.
		
00:51:34 --> 00:51:35
			It's our job to know it.
		
00:51:36 --> 00:51:38
			Then we took his definition here, but I
		
00:51:38 --> 00:51:40
			gave you as for our class that we're
		
00:51:40 --> 00:51:41
			using the definition of al-Baydawi.
		
00:51:41 --> 00:51:44
			Knowing the evidences, how to benefit from the
		
00:51:44 --> 00:51:47
			evidences, who qualifies to use those evidences.
		
00:51:48 --> 00:51:49
			We talked about actions and accountability.
		
00:51:51 --> 00:51:53
			And we linked this into living a life
		
00:51:53 --> 00:51:53
			as a muhsin.
		
00:51:55 --> 00:51:58
			How do I justify my feeling that I'm
		
00:51:58 --> 00:51:59
			living right?
		
00:52:00 --> 00:52:03
			It's my sincere commitment to obedience to Allah,
		
00:52:03 --> 00:52:05
			inwardly and outwardly.
		
00:52:06 --> 00:52:07
			That's it.
		
00:52:07 --> 00:52:08
			It doesn't need to be overly complicated.
		
00:52:09 --> 00:52:12
			We say in Urdu, zindagi bihibandagi sharmandagi.
		
00:52:12 --> 00:52:14
			How am I living my life?
		
00:52:16 --> 00:52:19
			That is the sign, my ibadah, my connection
		
00:52:19 --> 00:52:19
			to Allah.
		
00:52:19 --> 00:52:22
			I'm leaving neighborhood, I'm this, I'm that, I'm
		
00:52:22 --> 00:52:24
			running the school, I have the students, I
		
00:52:24 --> 00:52:25
			have the ijazat, I have...
		
00:52:25 --> 00:52:27
			Somebody has ijazat and doesn't pray.
		
00:52:29 --> 00:52:30
			What's the ijazah for?
		
00:52:30 --> 00:52:31
			To go to *?
		
00:52:33 --> 00:52:37
			The ijazah should be to motivate us, alhamdulillah,
		
00:52:38 --> 00:52:41
			to be more humble and more thankful to
		
00:52:41 --> 00:52:41
			Allah.
		
00:52:41 --> 00:52:42
			...
		
00:52:44 --> 00:52:45
			We didn't know anything when we were born.
		
00:52:46 --> 00:52:46
			...
		
00:52:46 --> 00:52:51
			Then we talked about every act has a
		
00:52:51 --> 00:52:52
			ruling.
		
00:52:52 --> 00:52:54
			Because the ruling is the cherry on the
		
00:52:54 --> 00:52:55
			top of usul and faqih.
		
00:52:55 --> 00:52:56
			Usul and faqih wants to get you to
		
00:52:56 --> 00:52:59
			the ruling for the faqih.
		
00:53:00 --> 00:53:03
			Then we talked about commands, requests, and permissions.
		
00:53:03 --> 00:53:06
			We said the whole of sharia falls under
		
00:53:06 --> 00:53:07
			these three designations.
		
00:53:08 --> 00:53:09
			That's it, three things.
		
00:53:11 --> 00:53:12
			And then we talked about, and he did,
		
00:53:12 --> 00:53:14
			I love actually what he did here.
		
00:53:14 --> 00:53:17
			Instead of making it very complicated, he just
		
00:53:17 --> 00:53:18
			said, this is how you need to understand
		
00:53:18 --> 00:53:21
			these five rulings.
		
00:53:22 --> 00:53:24
			If there's any questions, we can take them.