Suhaib Webb – Ibn Badīs Intro To Usul al-Fiqh Part Three- Types of Rulings & Objects of Rulings

AI: Summary ©
The concept of rulings and dispensations in sharia is divided into two categories: "verbal" and-the primary general. The primary general rule is the rule of the mind, and the rule of the sharia is the rule of the mind. The shwaals are drivers of license, and the words "verbal" and-the primary general" are drivers of license. The importance of compliance with laws and regulations is emphasized, and the need for proper clothing is emphasized. The discussion also touches on the legal outcomes of marriage, sex, and marriage, and the importance of teaching mathematics to people. The importance of sharia compliance is emphasized, and the need for a simpler and accessible media environment is emphasized.
AI: Summary ©
Bismillah ar-Rahman ar-Rahim, alhamdulillah, wa salallahu
wa sallam ala Sayyidina Muhammadin wa ma'a
l-wala.
As-salamu alaykum wa rahmatullah to everybody, alhamdulillah.
Wa alaykum as-salam.
So alhamdulillah, we continue now our text in
Usul al-Fiqh.
And I think it's important before we start
to go like 30,000 feet up really
quick, and think about what the author is
doing, because he's doing something without saying it.
And so what he started out doing was
defining Usul al-Fiqh in a very concise
way.
And then he started to talk about the
following.
Number one is the hukm.
And he defined the hukm later on in
a very simple way.
I believe on point number eight.
Very simple way.
And then what he's doing now is he's
talking about the different types of hukm in
relationship to ruling.
So when he talks about obligation, recommended, disliked.
And then he begins to talk about taqsimat
al-hukm.
Taqsimat, the different components or different parts of
rulings.
And that's where we were.
Talking about taqlifi and wada'i.
Those are two different parts of rulings, components
of rulings.
But to be honest with you, I'm not
in favor of dividing taqlifi and wada'i.
I just like to say ahkama taqlifi, as
my teacher told me.
It all falls under taqlifi, but he's doing
it to help us envision sort of this
process.
So the hukm and then what's called mahkoomun
bihi.
What comes with those rulings.
And then later on today we'll talk about
al-mahkoomun alai.
Who is the recipient of these rulings?
How does it apply?
What is the object of the rulings?
So number one, usool al-fiqh.
And then the goal we set of usool
al-fiqh.
That process is to lead to a ruling.
And then what are the components and ingredients
of a ruling?
Al-mahkoomun bihi.
And then who, as we'll talk about later
today, is the object of those rulings?
Al-mahkoomun alai.
So we talked about ahkama taqlifiya.
We talked about ahkama wada'iya.
And now we're going to talk about what
I heard from Shaykh Muhammad al-Hassan al
-Duddu.
That the whole entire sharia rests between these
two things.
What's called azeema, which is the default.
And the rukhsah.
The rukhsah is dispensation.
So for example the default is the fast
in the month of Ramadan.
That's the azeema.
It's plural.
It's aza'im.
Zayidatha'i.
And then the rukhsah would be for someone
who is exempted from fasting.
Like someone who's ill or a pregnant woman
or a breastfeeding woman or somebody who's traveling.
So they'll fall under this dispensation.
So the whole of taqlif, even iman, falls
under these two things.
This broad sort of opposites and everything that
falls in between them are the particulars that
are going to impact the mind of the
mufti or impact the mind of the faqih
when they are addressing issues.
So it says rulings are divided also into
defaults and dispensations.
فما كان حكما ابتدائيا عاما في جميع الأحوال
فهو عزمه So whatever is a primary general
ruling in all circumstances is that azeema.
The word azeema is from a word which
means to intend.
عزمت على شيء like I intended it.
But here it takes on a figurative meaning
which means something that we are commanded to
stick to in all situations.
It is the default.
والفعل الذي تعلق به يسمى عزيمة And an
action which is related to this which acquires
these qualities.
The qualities of an azeema is called azeema.
كإيجاب الصراعة والصوم والتحريم الخمري Like the obligation
of prayer and fasting and the impermissibility, the
prohibition of consuming alcohol.
Just a point for serious students.
Here this alif and lam represents a modaakh.
يعني شرب الخمر Because khamr is not prohibited
in everything.
So it is understood that the prohibition is
to drink alcohol.
وما كان حكما سهلا شرع بعد حكم صعب
في حالة خاصة لأجل العذر مع قيام السبب
أو الوصف للحكم الأصلي فهو ترخيص So
it says dispensation is a ruling the sharia
legislates to facilitate to modify the primary ruling.
If you really want to think about an
easier way to define azeema, the primary ruling,
the default ruling.
Due to a specific condition or an honest
excuse.
While the original ruling is still there.
So that implies that the azeema are not
permanent.
Examples of rukhsah are shortening the prayers and
breaking the fast during travel.
So if you think about when you shorten
the prayers for legitimate reason, the obligation to
pray without shortening the prayers is still there.
Like as soon as I'm removed from that
condition that allows me to shorten the prayers,
then I go back to praying normally.
When I'm traveling, that travel is a cause
that allows me now to fall under the
eligibility of the dispensation.
But as soon as that's gone, the obligation
to fast returns.
Here's some other examples like wiping over leather
socks and saving a person with a small
amount of alcohol like a person like they're
dying of thirst.
We know that the madakis and the shalfis,
they differ over this.
How much can someone consume in the state
of a necessity, but we don't need to
talk about that now.
The word rukhsah also means a license.
So rukhsah is a driver's license.
And the word rukhsah has different forms.
With sukoon, raqs or rukhs, it means something
soft to the touch.
Raqsah means something in kifad, something that is
like reduced.
So ashtaraytuhu bithaman alrakhis, I bought it for
a low price.
That's usually the form of tha'ula fa
'eel.
And as a FYI, the word faqeeh is
from fa'oola, faqooha.
It was heard from Dr. Mahmood Abdurrahman Abdurmun
'im.
Because that form implies something that comes natural
to a person.
So the faqeeh is not only someone who
learned, but the faqeeh is someone that Allah
SWT gifted them with quwwat al-idrak, with
a strong intellectual capability as their nature.
The last form is rakhsah or rakhsun bith
sukoon.
And this means something that is made easy.
So the word rakhsah comes from the last.
Something that makes something easy.
And that's what this word came from.
So the whole of the shariah, in faith
and in practice, and even in tazkiyat an
-nafs, is governed by aza'im, the plural
of azeema, and the rakhsah or the rakhs.
Ghorfah, ghorf, same form.
I wrote a poem about this, you know.
There's one poem I'm working on.
Khilafu hukmu shar'i uzrun rukhsatun, wujubuha aw
nadbuha mustahabun.
Because I tried to write for myself a
poem of the introduction to al-Baydawi's minhaj,
which is next to me, to help me
review it.
So I said, khilafu hukmu shar'i
rukhsatun uzrun, wujubuha
aw nadbuha mustahabun.
What does that mean?
Because al-Baydawi says, maa tha'a al
-huwa al-hukmu, idha kaana al-hukmu thabata
li daleelin aw thabata khilafa daleelin li uzrin,
fa rukhsah.
He said that, now put it in the
footnotes here, he said that if there is
a ruling which contradicts an evidence from sharia,
means hukm shar'i, which contradicts another hukm
shar'i, and the later is more difficult
than the former, then this is rukhsah.
Then he says, rahimuhla wujuban manduban amustahabban.
What does that mean?
It means that sometimes the rukhsah can be
fard.
Faman atturra ghayra baaghin wala aadin falaa ithma
AAalay.
Whoever is forced to consume something forbidden out
of necessity, there is no sin upon them.
That consumption is fard, according to many, because
person has to live their life.
illa an tattaqu min tuqaa.
So to Ali Imran, the person who they're
forced under duress to say, I'm not Muslim.
If you think about both situations, the original
ruling is still there.
So as soon as a person escapes a
situation of necessity, and Allah protect us from
that, then they have to abide by the
dietary laws of Islam.
If someone denied Islam, like Ammar ibn Yasir,
as soon as their safety comes back to
them, they have to abide by la ilaha
illallah Muhammadur Rasulullah.
So that's fard or wajib, according to the
majority.
Mustahab would be to shorten the prayers.
So rukhsah is not fard, but it's beloved.
Prophet Sallallahu Alaihi Wasallam said, هذه صدقة صدقه
الله عز وجل على إباره فخذ صدقته أو
كما قال صلى الله عليه وسلم Like this
shortening of the prayers is a sadaqa given
to you by Allah.
So take that sadaqa.
And then allowed is to break the fast
while someone's traveling or not break the fast.
It's not fard.
It's not mustahab.
It's mandoob.
حتى مارك نعمذهب He said, if you can
fast, it's better.
وأن تصوموا خير لكم إن كنتم تعلمون So
the rukhsah is a dispensation which is a
hukum shar'i.
That's why some people say, Because maybe sometimes
people tell you like, Oh, can I wipe
over my mascara?
You know, I'm going to a wedding and
I spent like a lot of money on
makeup and foundation and the bronzer.
And you know, can I do masjid on
my face?
It's not legislated by Allah subhanahu wa ta
'ala.
Maybe your brother says, you know, I'm like,
I've been doing uzan bak and like I'm
getting lean and mean and I really need
to train during Ramadan.
Is it okay?
Like in those days, the gym is only
open in the daytime.
Like, can I have like the rukhsah?
Allah subhanahu wa ta'ala did not legislate
this.
As we said last time, Islam is a
prescriptive relationship, not completely a subjective relationship, right?
But maybe somebody comes to you and they
say, you know, my father, he can't stand
for taraweeh.
He can't stand for isha.
Can he sit?
He can sit.
Rukhsah.
So it's important to be aware of these
because they're key to keeping people balanced.
And it's a way for them also to
experience the legislated mercy of Allah subhanahu wa
ta'ala.
To find rahmah in the sharia.
The next type of, and there's going to
be overlap by the way in some of
these rulings.
Like you saw, rukhsah can be farid, rukhsah
can be mustahab, rukhsah can be mandub.
So there'll be overlap.
The next type of ruling is talsi and
ibtan.
Are there any questions first before we move
on about rukhsah and azeema?
One of the questions mentioned in the chat
was, how do I be one of the
stars for a non-traveler when it can
be done without any reason?
How does it fall into the category of
rukhsah?
No, I think he means here the length
of time.
Okay.
Yeah, I think what he means is how
the time of...
Although the Marakees, we say that the time
period for wiping has no tawqeet, but we
know the majority, they say like for a
muqeem is one day for a traveler, right?
So I think what he's referring to is
the end of the time period.
So when that time ends, a person has
to return to at least washing their feet
once, right?
Right.
Comprende?
Comprende?
Yes.
Yeah.
We'll see a fine once.
Otherwise, we'll not have the...
And if they obviously will be getting it
from there, do you want to come here
instead or do you want to leave it
to us?
I'll leave it to you.
We'll see.
Yeah, I just want to hear your comments
on...
I still can't hear him.
Sorry.
Okay.
Can you hear me now?
Yeah, I can hear you.
I just wanted to have your comments on...
Because this is going to talk about...
It's a good question.
So the statement that Allah allows like that
you hold on to the azeemah like you
hold on to the rukhs, that you hold
on to the defa like you hold on
to the dispensations, this implies that it's up
to the choice of the person because both
are beloved to Allah.
So it's upon that person to make the
proper assessment but if it falls under, for
example, that's why we have the books of
fiqh.
It's very important to think about something that's
not talked about a lot.
We understand the Qur'an through tafsir.
But how do we understand the legal text
of Qur'an and the 7 or 9
thousand legal hadith of the Prophet ﷺ?
What is the tafsir of the law?
It's the mathahib.
So the job of the mathahib is to
make tafsir of the text related to legislation.
So it depends on the situation.
If not taking the rukhs implies I'm going
to die, وَلْيَأْخُذْ بِأَخَفَدْ الدَّرَرَينَ for example, take
the lesser of two difficulties so a person
should maintain their life.
If a person's traveling and they can continue
fasting without any difficulty, وَأَن تَسُومُوا خَيْرُ لَكُمْ
إِن كُنتُمْ تَعْلَمُونَ then they can take the
azeemah.
So it depends on the person.
And their situation.
And this is actually, we find the underpinnings
of the rukhs and the azeemah this whole
al-fatwa, تَغِيرُ بِالزَّمَالِ وَالْمَاكَانِ وَالْأَحْوَالِ وَالْأَشْخَاصِ that
the fatwa can change according to time, place
and person.
So the hadith actually implies it's the choice
of the person.
But of course we want to refer to
the books of fiqh because those are the
normative explanations of the intent of the law.
So if we go to books of fiqh,
we're going to find, like I said earlier,
Marek is of the opinion, if you can
fast with some difficulty but without any threat,
it's better to fast.
The opposite, if there's some kind of difficulty
there or hardship which is a burden on
the person, then they can break their fast.
But he doesn't mean it in the sense
of you have to or you don't have
to, in line with the hadith that you
mentioned.
May Allah bless you.
وَيَنْقَصِمُ أَيضًا إِلَى تَصِيحٍ وَإِبْطَالٍ أي وَيَنْقَصِمُ الْحُكْمُ
أَيضًا rulings also are divided into sound and
null.
فَتَصِيءَ الْحُكْمُ بِالصِّحَةِ فِي الْعِبَادَ وَعُقُودِ الْمُعَمَلَاتِ
وَوَاسْتِفَاءُ الْعَقْدِ وَالْعِبَادَاتِ بِالشُّرُوطِ الْمُعْتَبَرَةِ فِيهِ
شَرَعًا وَسَلَامَتِهِ مِنَ الْمَوَانِعِ بِحَيْثُ يَقَعُ عَلَى وَجْهِ
الْمَشْرُوعِ So now he's going to talk about
the division of rulings into sound and null.
And sound implies that the person has completed
all of the necessary conditions as well as
foundations of an act of worship or a
contract.
So for example, if I were to pray
without wudu and I needed to make wudu
then that would be null, that would not
be acceptable.
If I were to pray with all of
the conditions of prayer that are obligated upon
me as well as the foundations of the
prayer then that would be sahih.
If someone were to get married without witnesses
without i'lan after the consummation then that
would not, like we see now this bakwa,
secret marriage garbage then that would be null.
So what he's talking about here is encompassing
a number of things.
Number one, the conditions would often fall under
what's called مُقَدِّمَةَ الْوَاجِبِ What are the things
I have to do to prepare myself to
perform that wajib act or fardh act correctly
like facing the qibla, making wudu making sure
my clothes are pure my place that I'm
praying is pure.
Nikah that, you know, if someone's not forced
to marry somebody as mentioned in the hadith
of Imam Ahmad bin Hanbal in the Musnad
that it's not a marriage where it's like
yeah, you know, I was married to this
woman I divorced her three times you marry
her so I can marry her again.
Things of that nature in business if the
conditions of the contract are there if the
contract itself is sound as we'll talk about
in a minute like it wasn't an riba
right, or the absence of a contract so
these things can be either sound or no
a sound ruling is the ruling of compliance
in acts of worship and transactional contracts it
is the fulfillment of the contract and the
acts of worship with the conditions commanded by
the sharia at times also custom can come
into play but we'll talk about it later
on it is free from impediments such that
it occurs as Allah has prescribed it he
says something very important وَسَلَامَتُهُ مِنَ الْمَوَانِعِ بِحَيْثُ
يَقْعُ عَلَىٰ وُجَهٍ he says here soundness is
related to acts of worship and occurs when
the worshipper observes its pillars or kan and
its designations or conditions if required just as
the nullification of a ruling is due to
the failure to comply with the conditions of
a contract or the conditions of an act
of worship he's just kind of building on
this understanding then he talks about something called
البطلان والفساد and we know the majority differ
with the Hanafi on this issue but I
don't think it's the time to talk about
that it may be a little bit cumbersome
but he's talking here about بطلان والفساد بطلان
means that the actual essence of the act
its arkan are not there or the arkan,
the foundations of the contract aren't there so
that's rendered بطلان like if I were to
pray without udhu or if somebody was to
pray without iman نعوذ بالله like a kafir
or if I were to sign a marriage
contract as an example but that contract is
not complete it doesn't have the arkan that
are necessary for marriage دوالي شاهدين القبود so
that would be بطلان if I wrote in
the contract for example somebody wrote in the
contract yeah you know I'm marrying this person
because I was married to them before I
divorced them three times and now I want
to marry them again so this guy is
going to marry him that contract would be
بطلان فهذا في الاصل الفساد usually happens in
the وصف meaning like let's say two people
married ok and the contract is sound but
somehow they did like 23andMe or they did
Ancestry.com and they found out that they
were like somehow brother and sister so that
would be فاسد بطلان means that none of
the legal obligations of the contract are going
to continue فاسد means that some of the
legal obligations of the contract are going to
continue or the act of worship the contract
the act of worship still will be known
but in the contract sorry so for example
I pray without udhu that's بطلان I pray
and I start to pray correctly but then
I lose my udhu if I continue to
pray and finish the prayer and I'm like
الحمد لله I prayed this prayer is فاسد
I have to repeat the prayer again if
somebody did a contract and some of the
pillars of the contract weren't there that would
be بطلان let's say somebody made a contract
to buy something and then later on and
this is where you know there's sort of
some discussions about the whole buying a house
on initially buying a house on a mortgage
you know Shaykh Yusuf Qaradawi he was Hanafi
but some of them argued that well it's
فاسد so because it's فاسد you can do
it but his argument is not strong because
فاسد means now once we become aware that
this is like a ربوي contract or once
we become aware that there's problems in this
contract which contradict the Sharia it became فاسد
so the argument is well the legal kind
of outcome may maintain itself a good example
is that the Wali even if somebody married
without a Wali in the Hanafi Madhab the
Wali can still come in and cancel the
عقد the outcome of that let's say they
had kids God forbid those kids would still
be related to the husband or the wife
so فاسد implies that some of the legal
outcomes of the contract are going to be
there and some of them may not be
that's why sometimes you found in the Mariki
Madhab especially in Egypt we defer to the
Hanafis on this idea of فاسد especially in
marriage contracts because back then people didn't have
the same kind of information that we have
now but they felt like if we were
to impose the Mariki opinion on marriages and
destroy families and destroy some of the legal
outcomes of a marriage it would be very
hard for people so they say مراءة الخلاف
we have something called مراءة الخلاف in the
Madhab to look after these kind of hard
differences to make it simple بطلان means that
the start of the act or the start
of the contract it's or can or not
there الفساد means later on something happens which
corrupts it the act or the contract and
the outcomes of that can be complex Shaykh
he says والبطلان والفساد واختلال العبادة أو العقدي
لتخل في شرط أو وجور مانع as I
said earlier so there's a شرط that's missing
or an أركان that's missing or a مانع
that we weren't paying attention to وأن تجمع
بين أختين إلى ما قد سلف marry like
say somebody married two sisters God forbid didn't
know somehow they found out they were sisters
maybe through some kind of issue بحيث تكون
العبادة والعقد وقعت على غير وجه المشروع so
that the act itself happens in a way
which is not Sharia compliant وما تعلق بالإبطار
منهما فهو باطل from the get up so
whatever is related to something of nullification then
that act is no يقوله صلى الله عليه
وسلم من عمل نعمل ليس عليه أمرنا فهو
رد he doesn't go into this detail that
I went into because again his goal is
to keep it simple but I wanted just
to sort of build on it so you
can later on maybe you're seeing Fatwa you're
talking to a Mufti or this or that
you can see sort of how this plays
out specifically in the Hanafi method but it's
much more detailed the ninth is the Hakim
so we talked about Usul of Fiqh we
talked about المحكم به the rulings and their
different types and iterations and in brevity right
now we're talking about who is the Hakim
who is the ruler وكل حاكم من خلق
فإنما يكون حاكما شرعا إذا كان يحكم بحكم
الله rulers are Sharia compliant only when they
rule by the judgment of Allah doesn't mean
completely but as best they can as mentioned
by Umar ibn Abdulaziz رضي الله عنه يتحراه
ويقصده لقوله تعالى إن الحكم إلى لله those
leaders are encouraged to seek and intend the
ruling of Allah because Allah says that the
ruling belongs only to Allah Allah says وَلَحْكُمْ
بَيْنَهُمْ بِمَا أَنزَرَ اللَّهِ judge amongst them by
what Allah has revealed Allah says إِنَّا أَنزَلْنَا
إِلَيْكَ الْكِتَابَ بِالْحَقِّ indeed we sent you the
book in truth وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَرَ
اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ whoever doesn't rule by
what Allah has sent is Kafir of course
we need to be careful here doesn't mean
like they are not Muslim although depending on
the the degree of what they are doing
like if they are openly committing Kufr that's
different but Maasi that's why Ibn Abbas said
كُفر عَمَرِ like this is a form of
Kufr related to action وَمَنْ لَمْ يَحْكُمْ بِمَا
أَنزَرَ اللَّهُ فَأُولَئِكَ هُمُ الْظَّارِمُونَ whoever doesn't rule
by what Allah has sent is a wrongdoer
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَرَ اللَّهُ فَأُولَئِكَ هُمُ
الْفَاسِقُونَ whoever doesn't rule by what Allah has
sent is a sinner then he talks about
the object of rulings المحكوم علي he says
هو الفعل المكلف and the goal the object
of the rulings is the outward and inward
acts of a responsible person الظاهر والباطن outward
would be like you know making wudu inward
is to have niya outward is to say
لا إله إلا الله inward is to say
without nifaq sometimes people say but in the
definition of fiqh always it says العملية you
know like fiqh is always related to the
outward actions أَضَعَ لَالتَّغْرِيب تَغْرِيب means that like
the majority of fiqh is dealing with the
outer issues but that doesn't mean that there
aren't components of fiqh that don't deal with
the heart the niya وَلَمْ يُكَلِّفِ اللَّهُ الْعِبَادَ
إِلَّا بِمَا فِي مَقْدُورِهِمْ and here he's getting
into some axioms you know that Allah SWT
is not going to burden someone with something
which is beyond their capability their capacity وَلَا
حَرَجَ عَلَيْهِمْ فِيهِ and there's like no hardship
in what Allah this is not subjective this
is prescriptive like we talked about the rukhsah
like there's no hardship in what Allah has
sent if someone legitimately is incapable of performing
these acts then there is dispensation the Prophet
ﷺ said as related by Abu Hurairah وَمَا
أَمَرْتُكُمْ بِهِ فَأْتُوا مِنْهُمْ أَسْتَطَعَتُمْ what I commanded
you to do do it as best you
can فَلَا تَكْلِيفَ بِغَيْرِ الْمَقْدُورِ كَقِيَامِ الْمُقْعَدِ لِلصَّلَاةِ
they have a great axiom لا تَكْلِيفَ بالمحال
like it's not possible for us to believe
that Allah is going to burden someone when
it's something impossible for them in that situation
the ruling is going to be either altered
or removed or facilitated وَلَا بِمَا فِيهِ حَرَجٌ
كَقِيَامَ الْمَرِيدِ لَهَا or like something that is
really a considerable burden like someone who's ill
asking them to stand to pray لِقَوْلِهِ تَعَالَى
رَبَّنَا لَا تُحَمِّلْنَا مَا لَا طَاقَةَ لَنَا بِهِ
our Lord do not burden us with something
we do not have the capacity to do
لا يُكَلِفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا Allah will
not burden someone more than they can handle
وَمَا جَعَلَ إِلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ وَتَحَجٍ
Allah has not put anything in religion which
is overly difficult beyond and I like the
translation but it's like beyond your capacity that
takes us to who is accountable in the
Sharia he says المَحْكُمٌ عَلَيْهِ as I said
earlier وَهُوَ الْمُكَلَّفُ الْبَالِغُ الْعَاقِلُ مُخْتَارُ دُونَ السَّبِيِّ
وَالْمَجْنُونِ وَالْمَأْتُوِّ وَالْمُكْرَهِ الْمُخْاطَبُ بِالْأَحْكَامِ it is
every adult sane person who exhibits moral competence
not children the insane the ignorant and the
coerced what do you mean by the ignorant?
here's people who don't know وَمَا كُنَّ مُعَذِبِينَ
حَتَّى نَبَعَثَ رَسُولًا we know that Allah SWT
is not holding people accountable without knowledge so
we have that great axiom بَرَاءَةٌ ذِمَّةٌ these
people are considered innocent because they have not
been exposed to the knowledge then who are
these rulings addressing?
إِذَا كَانَ الْخِطَابُ بِحُكْمٍ وَضَعِيٍّ فَهُوَ عَلَىٰ عُمُومِهِ
لِلْمُكَلَّفِي وَغَيْرِي if the address is of a
designated ruling حُكْمٍ وَضَعِيٍّ it generally applies to
both the accountable and those usually exempted from
obligations what it means is like a cause
so for example a child who inherited money
which reaches the level of zakah here it
says something even that we don't agree with
this but he puts it here this is
why a child and an insane person are
held liable for the consequences of their offenses
and are obligated to give zakah if they
possess the required amount actually the wali of
both of these people is accountable not the
child and not the insane person so those
things related to like for example I reached
you know say I'm 7 years old I
have an inheritance or a trust fund or
something you know and it reaches the level
of zakah وَلِيُ الْأَمْرِ the person who is
in charge over me has as you say
the right of attorney they're responsible that's why
some marrakees the marrakees we say for example
you know a little bit older children who
aren't quite pubescent if they're touching the musha
and they don't have wudu the wali is
a sinner but not those people however he
says ثُمَّ الْخِطَابَ التَّكْلِيفِ if it is أَحْكَامَ
التَّكْلِيفِيَةِ إِنْ كَانَ بِمَا تَتَوَقَّفُ عَلَيْهِ مَصْلَحَةُ كُلَّ
فَرْضٍ تَوَقُفًا مُبَاشِرًا تَوَجَّهَ لِكُلِّ فَرْضٍ وَسُمِّيَ الْخِطَابَ
خِطَابًا عَيْنِيًا but if the address is of
an obligatory nature it is exclusive to the
accountable individual so now it's on the person
there's a translation something lost in the above
even the Arabic because what the maliki and
I know this is the sheikh he's maliki
he's trying to say is that the child
and the person who is mentally compromised their
wali is the sinner but if it's taklifi
and the person is muqallaf eligible to be
muqallaf then anyone who is eligible to be
muqallaf is eligible for that khitab the voice
of God the combination of God and that
becomes individually ayniyyan it becomes an individual obligation
upon that person وَيُسَمَّى الْمَطْلُوبُ بِهِ مَطْلُوبٌ عَيْنِيًا
and that command is what's called we call
farda'een وَاجِبًا كَانَ أَوْمَنْ دُوبًا كَالصَّلَاةِ وَالصَّوْمِ
وَالحَقِّ وَالصَّدَقَةِ وَنَفْرِهَا وَلَيَسْقُطُ الطَلَبُ فِيهِ عَنْ أَحَدٍ
بِقِيَامِ غَيْرِهِ بِهِ he's making it very simple
but what he said here is that that
is called an individual obligation or command whether
it's fard whether it's mandub like athan or
salah or saum or hajj or sadaqa meaning
zakaa وَنَفْرِهَا وَلَيَسْقُطُ الطَلَبُ فِيهِ عَنْ أَحَدٍ بِقِيَامِ
غَيْرِهِ بِهِ and no one else can do
that for you that's why it's called farda
'een farda'een means you have to do
it I have to do it you have
to do it I have to no one
can do it on our behalf inshallah we're
going to stop here because next week we
have to open up a broader conversation on
المحكوم علي meaning the community and the individual
and that's what he's leading up to here
you can stop now and take any questions
that you have bismillah we like to know
sayyidan I'll read through some of the questions
and definitely feel free to take them it's
there in the scope inshallah sayyidin so non
-muslims have been exposed to the knowledge of
Islam are they exempt from punishment of this
way?
it depends on the degree of the exposure
so you know I like to say that
they were prophetically exposed right so the level
of exposure is one which like if we
think about how we evaluate a lesson you
know just because someone heard something on the
news or in fact maybe someone saw something
bad رَبَّنَا لَا تَجْعَلْنَا فِتْنَةٍ لَلَّذِينَ كَافُرٌ don't
make us a fitna for those who disbelieve
in you don't make us a bad example
so they would have to be exposed in
a way which it renders that exposure under
what we call إقامة الحجة لَيَقَلْ لَيَكُونَ لِلنَّاسِ
عَلَى اللَّهِ حُجَّةٌ بَعْدَ الرُّسُلِ surah Nisa right
so that people have no excuse in front
of Allah after the messengers were sent and
we find this actually you know in the
story of Sayyidina Musa with his people اِجَعَلَنَا
إِلَاهًا كَمَا لَهُمْ آلِهَا surah A'raf when
those people who came out of years of
mental and physical anguish and they had like
Stockholm syndrome right and they said to Prophet
Musa make us a statue like their statues
the people of Fir'aun قَالَ إِنَّكُمْ قَوْمٌ
تَجْهَلُونَ he didn't say إِنَّكُمْ قَوْمٌ كَافِرُونَ Musa
said to them you're ignorant he didn't say
you're kuffar because they didn't at that time
they didn't have the جِزِيَةَ وَعقِيدِيَةَ they didn't
even have an opportunity to learn properly even
though they were the followers of Musa we
also find this example in the end of
surah Ma'idah when the students of Prophet
Isa a.s. asked him to ask Allah
أَنْزِلْ عَلَيْنَ مَا إِدَةَ هَلْ يَسْتَطِعُ رَبُّكَ أَنْ
يُنَزِلْ عَلَيْنَ مَا إِدَةَ هَلْ يَسْتَطِعُ رَبُّكَ أَنْ
يُنَزِلْ رَبُّكَ أَنْ يُنَزِلْ عَلَيْنَ مَا إِدَةَ قَالَ
اتَّقُوا اللَّهَ إِن كُنْتُمْ مُؤْمِنِينَ so those followers
of Jesus they said can Allah this is
kuffar can Allah send a table from the
sky he didn't say اتَّقُوا اللَّهَ فَإِنَّكُمْ كَافِرُونَ
he said اتَّقُوا اللَّهَ إِن كُنْتُمْ مُؤْمِنِينَ why?
because they didn't have the knowledge yet so
even even amongst people who say لا إله
إلا الله we have to and this is
I'm sure Shaykh Abdul Sattar is explaining this
in his class much better than me we
have to be very cautious of hyper takfirism
amongst the Muslims who may have not been
exposed as Al-Hafidh Ibn Rajab he says
even many ulema sometimes they don't know these
little details these small details he says even
ulema sometimes they don't know this stuff because
it's not their specialty then what about the
people I remember one time we were reading
the mu'atta to Shaykh Muhammad Wissam we
used to read to him twice a week
in Masjid Sayyidina Imam Hussain in Al-Qahira
and a guy he came into the masjid
and he went to the grave of Hussain
and made sujood so you know we started
getting a little we got a little angry
Astaghfirullah so Shaykh Dr. Muhammad Wissam who has
a PhD in Usul Al-Fiqh and used
to be one of the head muftis in
Egypt he went to that man and he
started to talk to him then he came
back and he said you know what happened
I asked him why did you make sujood
in front of the Dari'a of Imam
Hussain and he said I didn't know he
was a farmer he said I just love
Ahlul Bayt Rasul so I thought like I
will show my love for him then Imam
Dr. Muhammad Wissam he corrected him and I
read the same statement of Imam Zahabi Imam
Zahabi said if I saw someone making
sujood in front of a grave I will
not make takfir of them until I talk
to them so not only for non-Muslims
is this question important but there is also
an application to a broader Muslim community that's
coming out of tremendous it's still experiencing tremendous
we're seeing Muslim babies slaughtered every day on
Instagram we're seeing Muslim babies Palestinian babies slaughtered
every day on Instagram in Gujarat people were
slaughtered we saw it we are traumatized community
and then secondly the collapse of the reliable
sources of Islamic information and their replacement by
this incredible corrosive decentralizing agent known as social
media have further amplified the ignorance of the
Muslims so not only non-Muslims but Muslims
also we have to think about what they
know what they've been exposed to wallahu anam
very nice jazakallah two other questions that are
related to the topic that we talked about
in regards to the text saying that an
act that's butlan or fasil a rejected act
is there seen incurred upon that original act
of worship that was done that's rendered fasil
or butlan because the origin of all contracts
is permissible so maybe a person doesn't know
again how many people are there like Joe
Bradford in our community so how many people
like Sheikh Hamza Maqbool in our community how
many people can we go to to sort
of investigate Sheikh Amin we can go and
investigate and unfortunately the information on what makes
contracts halal it's not easily available so we
say inna ma'a la'abaru bidiyat you
know the person who has the intention and
they don't know is different than the person
who knows fa man ja'ahu ma wa
'idhatu min rabbihi fa antaha fa la'ahuma
salafu wa amruhu ilallah Allah says about the
person who this is the evidence for bara
'atu dhimma right so the one who the
reminder came to them and they stop what
preceded them is forgiven because they didn't know
but if they're made aware like this contract
is botlan like a Muslim woman marrying a
non-Muslim man that's botlan but they persist
you know Allah can forgive who He wants
Allah can punish who He wants but from
our our legal optics this is sinful behavior
absolutely JazakAllah khair last question in terms of
when you're talking about the rulings of rukhsah
whether it's something as wajib or mubah or
ustahab for example the rukhsah of shorting the
prayer during travel how do we know if
it's meant to be wajib or mubah I
said it earlier the books of fiqh are
the tafsir of ahkam that is the job
of the books of fiqh the books of
fiqh are meant to help us do four
things number one to be familiar with what
is obligatory and what is not obligatory number
two to inform us about the proper application
of those rulings right so I know like
if I read in a book of fiqh
it's going to say I can break my
fast or not break my fast it's going
to show me then also like am I
eligible for this or not that's the application
number three the books of fiqh are meant
to how can I say this in a
simple way to embody the evidences without the
evidences so that's why people sometimes they make
a mistake oh how come there's no evidences
in these books I read Quduri you know
there was no how come in Hidayah there's
no how come in Muqtash Khalil there's no
evidences because the job the book of fiqh
is not is worried that presenting all of
those evidences to people aren't trained in how
to interpret them will confuse them so it
simplifies that it is a zip file of
all of the evidences and all of the
things related to the law in a language
in a legal language the fourth the jobs
of the books of fiqh are to keep
us on orthodoxy to protect us from two
extremes irrational conservatism irresponsible liberalism and I think
that's why when we teach fiqh we should
tell people that the mathahib are what Ibn
Kathir is to tafsir what Quduri is to
tafsir what Qutubi is to tafsir of the
Quran the mathahib are the tafsir of the
law it's application it's designation and it's degrees
of importance in a simplified way because you
can think about how hard it is here
in America to like no one's going to
pick up like black's law you know dictionary
and just start reading why do you go
to a lawyer a lawyer's job is to
simplify language the job of fiqh is to
simplify the for people except the books which
are written for you know people training but
for the masses talking about those books for
the masses the top 40 books their job
is to make it accessible digestible and applicable
is a is a thank you so much
I think definitely my quote resonated with a
lot of us in terms of the mathahib
being tafsir of the ruling so that was
I think a good way to to put
that and phrase that are there any questions
from the crowd before I buy it Quduri
okay Charlie you can definitely send them to
the newsletter the one side we're open Charlie
I'll send them to you as well thank
you for a wonderful session I'll have to
report in bye bye thank you so much
we'll see shall I go I'll send