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

Suhaib Webb
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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.

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			Bismillah ar-Rahman ar-Rahim, alhamdulillah, wa salallahu
		
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			wa sallam ala Sayyidina Muhammadin wa ma'a
		
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			l-wala.
		
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			As-salamu alaykum wa rahmatullah to everybody, alhamdulillah.
		
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			Wa alaykum as-salam.
		
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			So alhamdulillah, we continue now our text in
		
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			Usul al-Fiqh.
		
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			And I think it's important before we start
		
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			to go like 30,000 feet up really
		
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			quick, and think about what the author is
		
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			doing, because he's doing something without saying it.
		
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			And so what he started out doing was
		
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			defining Usul al-Fiqh in a very concise
		
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			way.
		
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			And then he started to talk about the
		
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			following.
		
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			Number one is the hukm.
		
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			And he defined the hukm later on in
		
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			a very simple way.
		
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			I believe on point number eight.
		
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			Very simple way.
		
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			And then what he's doing now is he's
		
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			talking about the different types of hukm in
		
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			relationship to ruling.
		
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			So when he talks about obligation, recommended, disliked.
		
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			And then he begins to talk about taqsimat
		
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			al-hukm.
		
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			Taqsimat, the different components or different parts of
		
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			rulings.
		
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			And that's where we were.
		
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			Talking about taqlifi and wada'i.
		
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			Those are two different parts of rulings, components
		
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			of rulings.
		
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			But to be honest with you, I'm not
		
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			in favor of dividing taqlifi and wada'i.
		
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			I just like to say ahkama taqlifi, as
		
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			my teacher told me.
		
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			It all falls under taqlifi, but he's doing
		
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			it to help us envision sort of this
		
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			process.
		
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			So the hukm and then what's called mahkoomun
		
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			bihi.
		
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			What comes with those rulings.
		
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			And then later on today we'll talk about
		
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			al-mahkoomun alai.
		
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			Who is the recipient of these rulings?
		
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			How does it apply?
		
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			What is the object of the rulings?
		
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			So number one, usool al-fiqh.
		
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			And then the goal we set of usool
		
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			al-fiqh.
		
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			That process is to lead to a ruling.
		
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			And then what are the components and ingredients
		
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			of a ruling?
		
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			Al-mahkoomun bihi.
		
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			And then who, as we'll talk about later
		
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			today, is the object of those rulings?
		
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			Al-mahkoomun alai.
		
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			So we talked about ahkama taqlifiya.
		
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			We talked about ahkama wada'iya.
		
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			And now we're going to talk about what
		
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			I heard from Shaykh Muhammad al-Hassan al
		
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			-Duddu.
		
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			That the whole entire sharia rests between these
		
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			two things.
		
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			What's called azeema, which is the default.
		
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			And the rukhsah.
		
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			The rukhsah is dispensation.
		
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			So for example the default is the fast
		
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			in the month of Ramadan.
		
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			That's the azeema.
		
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			It's plural.
		
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			It's aza'im.
		
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			Zayidatha'i.
		
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			And then the rukhsah would be for someone
		
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			who is exempted from fasting.
		
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			Like someone who's ill or a pregnant woman
		
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			or a breastfeeding woman or somebody who's traveling.
		
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			So they'll fall under this dispensation.
		
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			So the whole of taqlif, even iman, falls
		
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			under these two things.
		
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			This broad sort of opposites and everything that
		
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			falls in between them are the particulars that
		
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			are going to impact the mind of the
		
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			mufti or impact the mind of the faqih
		
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			when they are addressing issues.
		
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			So it says rulings are divided also into
		
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			defaults and dispensations.
		
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			فما كان حكما ابتدائيا عاما في جميع الأحوال
		
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			فهو عزمه So whatever is a primary general
		
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			ruling in all circumstances is that azeema.
		
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			The word azeema is from a word which
		
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			means to intend.
		
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			عزمت على شيء like I intended it.
		
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			But here it takes on a figurative meaning
		
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			which means something that we are commanded to
		
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			stick to in all situations.
		
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			It is the default.
		
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			والفعل الذي تعلق به يسمى عزيمة And an
		
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			action which is related to this which acquires
		
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			these qualities.
		
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			The qualities of an azeema is called azeema.
		
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			كإيجاب الصراعة والصوم والتحريم الخمري Like the obligation
		
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			of prayer and fasting and the impermissibility, the
		
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			prohibition of consuming alcohol.
		
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			Just a point for serious students.
		
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			Here this alif and lam represents a modaakh.
		
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			يعني شرب الخمر Because khamr is not prohibited
		
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			in everything.
		
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			So it is understood that the prohibition is
		
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			to drink alcohol.
		
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			وما كان حكما سهلا شرع بعد حكم صعب
		
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			في حالة خاصة لأجل العذر مع قيام السبب
		
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			أو الوصف للحكم الأصلي فهو ترخيص So
		
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			it says dispensation is a ruling the sharia
		
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			legislates to facilitate to modify the primary ruling.
		
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			If you really want to think about an
		
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			easier way to define azeema, the primary ruling,
		
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			the default ruling.
		
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			Due to a specific condition or an honest
		
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			excuse.
		
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			While the original ruling is still there.
		
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			So that implies that the azeema are not
		
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			permanent.
		
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			Examples of rukhsah are shortening the prayers and
		
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			breaking the fast during travel.
		
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			So if you think about when you shorten
		
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			the prayers for legitimate reason, the obligation to
		
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			pray without shortening the prayers is still there.
		
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			Like as soon as I'm removed from that
		
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			condition that allows me to shorten the prayers,
		
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			then I go back to praying normally.
		
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			When I'm traveling, that travel is a cause
		
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			that allows me now to fall under the
		
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			eligibility of the dispensation.
		
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			But as soon as that's gone, the obligation
		
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			to fast returns.
		
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			Here's some other examples like wiping over leather
		
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			socks and saving a person with a small
		
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			amount of alcohol like a person like they're
		
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			dying of thirst.
		
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			We know that the madakis and the shalfis,
		
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			they differ over this.
		
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			How much can someone consume in the state
		
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			of a necessity, but we don't need to
		
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			talk about that now.
		
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			The word rukhsah also means a license.
		
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			So rukhsah is a driver's license.
		
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			And the word rukhsah has different forms.
		
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			With sukoon, raqs or rukhs, it means something
		
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			soft to the touch.
		
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			Raqsah means something in kifad, something that is
		
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			like reduced.
		
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			So ashtaraytuhu bithaman alrakhis, I bought it for
		
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			a low price.
		
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			That's usually the form of tha'ula fa
		
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			'eel.
		
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			And as a FYI, the word faqeeh is
		
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			from fa'oola, faqooha.
		
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			It was heard from Dr. Mahmood Abdurrahman Abdurmun
		
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			'im.
		
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			Because that form implies something that comes natural
		
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			to a person.
		
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			So the faqeeh is not only someone who
		
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			learned, but the faqeeh is someone that Allah
		
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			SWT gifted them with quwwat al-idrak, with
		
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			a strong intellectual capability as their nature.
		
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			The last form is rakhsah or rakhsun bith
		
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			sukoon.
		
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			And this means something that is made easy.
		
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			So the word rakhsah comes from the last.
		
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			Something that makes something easy.
		
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			And that's what this word came from.
		
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			So the whole of the shariah, in faith
		
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			and in practice, and even in tazkiyat an
		
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			-nafs, is governed by aza'im, the plural
		
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			of azeema, and the rakhsah or the rakhs.
		
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			Ghorfah, ghorf, same form.
		
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			I wrote a poem about this, you know.
		
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			There's one poem I'm working on.
		
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			Khilafu hukmu shar'i uzrun rukhsatun, wujubuha aw
		
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			nadbuha mustahabun.
		
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			Because I tried to write for myself a
		
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			poem of the introduction to al-Baydawi's minhaj,
		
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			which is next to me, to help me
		
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			review it.
		
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			So I said, khilafu hukmu shar'i
		
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			rukhsatun uzrun, wujubuha
		
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			aw nadbuha mustahabun.
		
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			What does that mean?
		
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			Because al-Baydawi says, maa tha'a al
		
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			-huwa al-hukmu, idha kaana al-hukmu thabata
		
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			li daleelin aw thabata khilafa daleelin li uzrin,
		
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			fa rukhsah.
		
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			He said that, now put it in the
		
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			footnotes here, he said that if there is
		
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			a ruling which contradicts an evidence from sharia,
		
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			means hukm shar'i, which contradicts another hukm
		
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			shar'i, and the later is more difficult
		
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			than the former, then this is rukhsah.
		
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			Then he says, rahimuhla wujuban manduban amustahabban.
		
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			What does that mean?
		
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			It means that sometimes the rukhsah can be
		
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			fard.
		
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			Faman atturra ghayra baaghin wala aadin falaa ithma
		
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			AAalay.
		
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			Whoever is forced to consume something forbidden out
		
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			of necessity, there is no sin upon them.
		
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			That consumption is fard, according to many, because
		
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			person has to live their life.
		
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			illa an tattaqu min tuqaa.
		
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			So to Ali Imran, the person who they're
		
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			forced under duress to say, I'm not Muslim.
		
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			If you think about both situations, the original
		
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			ruling is still there.
		
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			So as soon as a person escapes a
		
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			situation of necessity, and Allah protect us from
		
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			that, then they have to abide by the
		
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			dietary laws of Islam.
		
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			If someone denied Islam, like Ammar ibn Yasir,
		
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			as soon as their safety comes back to
		
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			them, they have to abide by la ilaha
		
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			illallah Muhammadur Rasulullah.
		
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			So that's fard or wajib, according to the
		
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			majority.
		
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			Mustahab would be to shorten the prayers.
		
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			So rukhsah is not fard, but it's beloved.
		
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			Prophet Sallallahu Alaihi Wasallam said, هذه صدقة صدقه
		
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			الله عز وجل على إباره فخذ صدقته أو
		
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			كما قال صلى الله عليه وسلم Like this
		
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			shortening of the prayers is a sadaqa given
		
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			to you by Allah.
		
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			So take that sadaqa.
		
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			And then allowed is to break the fast
		
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			while someone's traveling or not break the fast.
		
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			It's not fard.
		
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			It's not mustahab.
		
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			It's mandoob.
		
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			حتى مارك نعمذهب He said, if you can
		
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			fast, it's better.
		
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			وأن تصوموا خير لكم إن كنتم تعلمون So
		
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			the rukhsah is a dispensation which is a
		
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			hukum shar'i.
		
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			That's why some people say, Because maybe sometimes
		
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			people tell you like, Oh, can I wipe
		
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			over my mascara?
		
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			You know, I'm going to a wedding and
		
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			I spent like a lot of money on
		
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			makeup and foundation and the bronzer.
		
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			And you know, can I do masjid on
		
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			my face?
		
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			It's not legislated by Allah subhanahu wa ta
		
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			'ala.
		
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			Maybe your brother says, you know, I'm like,
		
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			I've been doing uzan bak and like I'm
		
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			getting lean and mean and I really need
		
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			to train during Ramadan.
		
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			Is it okay?
		
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			Like in those days, the gym is only
		
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			open in the daytime.
		
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			Like, can I have like the rukhsah?
		
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			Allah subhanahu wa ta'ala did not legislate
		
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			this.
		
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			As we said last time, Islam is a
		
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			prescriptive relationship, not completely a subjective relationship, right?
		
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			But maybe somebody comes to you and they
		
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			say, you know, my father, he can't stand
		
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			for taraweeh.
		
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			He can't stand for isha.
		
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			Can he sit?
		
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			He can sit.
		
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			Rukhsah.
		
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			So it's important to be aware of these
		
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			because they're key to keeping people balanced.
		
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			And it's a way for them also to
		
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			experience the legislated mercy of Allah subhanahu wa
		
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			ta'ala.
		
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			To find rahmah in the sharia.
		
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			The next type of, and there's going to
		
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			be overlap by the way in some of
		
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			these rulings.
		
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			Like you saw, rukhsah can be farid, rukhsah
		
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			can be mustahab, rukhsah can be mandub.
		
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			So there'll be overlap.
		
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			The next type of ruling is talsi and
		
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			ibtan.
		
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			Are there any questions first before we move
		
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			on about rukhsah and azeema?
		
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			One of the questions mentioned in the chat
		
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			was, how do I be one of the
		
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			stars for a non-traveler when it can
		
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			be done without any reason?
		
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			How does it fall into the category of
		
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			rukhsah?
		
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			No, I think he means here the length
		
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			of time.
		
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			Okay.
		
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			Yeah, I think what he means is how
		
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			the time of...
		
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			Although the Marakees, we say that the time
		
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			period for wiping has no tawqeet, but we
		
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			know the majority, they say like for a
		
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			muqeem is one day for a traveler, right?
		
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			So I think what he's referring to is
		
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			the end of the time period.
		
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			So when that time ends, a person has
		
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			to return to at least washing their feet
		
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			once, right?
		
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			Right.
		
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			Comprende?
		
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			Comprende?
		
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			Yes.
		
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			Yeah.
		
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			We'll see a fine once.
		
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			Otherwise, we'll not have the...
		
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			And if they obviously will be getting it
		
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			from there, do you want to come here
		
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			instead or do you want to leave it
		
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			to us?
		
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			I'll leave it to you.
		
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			We'll see.
		
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			Yeah, I just want to hear your comments
		
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			on...
		
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			I still can't hear him.
		
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			Sorry.
		
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			Okay.
		
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			Can you hear me now?
		
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			Yeah, I can hear you.
		
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			I just wanted to have your comments on...
		
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			Because this is going to talk about...
		
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			It's a good question.
		
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			So the statement that Allah allows like that
		
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			you hold on to the azeemah like you
		
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			hold on to the rukhs, that you hold
		
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			on to the defa like you hold on
		
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			to the dispensations, this implies that it's up
		
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			to the choice of the person because both
		
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			are beloved to Allah.
		
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			So it's upon that person to make the
		
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			proper assessment but if it falls under, for
		
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			example, that's why we have the books of
		
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			fiqh.
		
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			It's very important to think about something that's
		
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			not talked about a lot.
		
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			We understand the Qur'an through tafsir.
		
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			But how do we understand the legal text
		
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			of Qur'an and the 7 or 9
		
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			thousand legal hadith of the Prophet ﷺ?
		
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			What is the tafsir of the law?
		
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			It's the mathahib.
		
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			So the job of the mathahib is to
		
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			make tafsir of the text related to legislation.
		
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			So it depends on the situation.
		
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			If not taking the rukhs implies I'm going
		
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			to die, وَلْيَأْخُذْ بِأَخَفَدْ الدَّرَرَينَ for example, take
		
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			the lesser of two difficulties so a person
		
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			should maintain their life.
		
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			If a person's traveling and they can continue
		
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			fasting without any difficulty, وَأَن تَسُومُوا خَيْرُ لَكُمْ
		
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			إِن كُنتُمْ تَعْلَمُونَ then they can take the
		
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			azeemah.
		
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			So it depends on the person.
		
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			And their situation.
		
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			And this is actually, we find the underpinnings
		
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			of the rukhs and the azeemah this whole
		
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			al-fatwa, تَغِيرُ بِالزَّمَالِ وَالْمَاكَانِ وَالْأَحْوَالِ وَالْأَشْخَاصِ that
		
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			the fatwa can change according to time, place
		
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			and person.
		
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			So the hadith actually implies it's the choice
		
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			of the person.
		
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			But of course we want to refer to
		
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			the books of fiqh because those are the
		
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			normative explanations of the intent of the law.
		
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			So if we go to books of fiqh,
		
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			we're going to find, like I said earlier,
		
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			Marek is of the opinion, if you can
		
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			fast with some difficulty but without any threat,
		
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			it's better to fast.
		
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			The opposite, if there's some kind of difficulty
		
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			there or hardship which is a burden on
		
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			the person, then they can break their fast.
		
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			But he doesn't mean it in the sense
		
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			of you have to or you don't have
		
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			to, in line with the hadith that you
		
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			mentioned.
		
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			May Allah bless you.
		
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			وَيَنْقَصِمُ أَيضًا إِلَى تَصِيحٍ وَإِبْطَالٍ أي وَيَنْقَصِمُ الْحُكْمُ
		
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			أَيضًا rulings also are divided into sound and
		
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			null.
		
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			فَتَصِيءَ الْحُكْمُ بِالصِّحَةِ فِي الْعِبَادَ وَعُقُودِ الْمُعَمَلَاتِ
		
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			وَوَاسْتِفَاءُ الْعَقْدِ وَالْعِبَادَاتِ بِالشُّرُوطِ الْمُعْتَبَرَةِ فِيهِ
		
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			شَرَعًا وَسَلَامَتِهِ مِنَ الْمَوَانِعِ بِحَيْثُ يَقَعُ عَلَى وَجْهِ
		
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			الْمَشْرُوعِ So now he's going to talk about
		
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			the division of rulings into sound and null.
		
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			And sound implies that the person has completed
		
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			all of the necessary conditions as well as
		
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			foundations of an act of worship or a
		
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			contract.
		
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			So for example, if I were to pray
		
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			without wudu and I needed to make wudu
		
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			then that would be null, that would not
		
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			be acceptable.
		
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			If I were to pray with all of
		
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			the conditions of prayer that are obligated upon
		
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			me as well as the foundations of the
		
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			prayer then that would be sahih.
		
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			If someone were to get married without witnesses
		
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			without i'lan after the consummation then that
		
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			would not, like we see now this bakwa,
		
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			secret marriage garbage then that would be null.
		
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			So what he's talking about here is encompassing
		
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			a number of things.
		
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			Number one, the conditions would often fall under
		
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			what's called مُقَدِّمَةَ الْوَاجِبِ What are the things
		
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			I have to do to prepare myself to
		
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			perform that wajib act or fardh act correctly
		
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			like facing the qibla, making wudu making sure
		
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			my clothes are pure my place that I'm
		
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			praying is pure.
		
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			Nikah that, you know, if someone's not forced
		
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			to marry somebody as mentioned in the hadith
		
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			of Imam Ahmad bin Hanbal in the Musnad
		
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			that it's not a marriage where it's like
		
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			yeah, you know, I was married to this
		
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			woman I divorced her three times you marry
		
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			her so I can marry her again.
		
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			Things of that nature in business if the
		
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			conditions of the contract are there if the
		
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			contract itself is sound as we'll talk about
		
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			in a minute like it wasn't an riba
		
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			right, or the absence of a contract so
		
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			these things can be either sound or no
		
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			a sound ruling is the ruling of compliance
		
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			in acts of worship and transactional contracts it
		
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			is the fulfillment of the contract and the
		
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			acts of worship with the conditions commanded by
		
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			the sharia at times also custom can come
		
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			into play but we'll talk about it later
		
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			on it is free from impediments such that
		
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			it occurs as Allah has prescribed it he
		
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			says something very important وَسَلَامَتُهُ مِنَ الْمَوَانِعِ بِحَيْثُ
		
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			يَقْعُ عَلَىٰ وُجَهٍ he says here soundness is
		
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			related to acts of worship and occurs when
		
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			the worshipper observes its pillars or kan and
		
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			its designations or conditions if required just as
		
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			the nullification of a ruling is due to
		
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			the failure to comply with the conditions of
		
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			a contract or the conditions of an act
		
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			of worship he's just kind of building on
		
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			this understanding then he talks about something called
		
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			البطلان والفساد and we know the majority differ
		
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			with the Hanafi on this issue but I
		
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			don't think it's the time to talk about
		
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			that it may be a little bit cumbersome
		
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			but he's talking here about بطلان والفساد بطلان
		
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			means that the actual essence of the act
		
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			its arkan are not there or the arkan,
		
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			the foundations of the contract aren't there so
		
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			that's rendered بطلان like if I were to
		
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			pray without udhu or if somebody was to
		
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			pray without iman نعوذ بالله like a kafir
		
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			or if I were to sign a marriage
		
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			contract as an example but that contract is
		
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			not complete it doesn't have the arkan that
		
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			are necessary for marriage دوالي شاهدين القبود so
		
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			that would be بطلان if I wrote in
		
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			the contract for example somebody wrote in the
		
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			contract yeah you know I'm marrying this person
		
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			because I was married to them before I
		
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			divorced them three times and now I want
		
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			to marry them again so this guy is
		
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			going to marry him that contract would be
		
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			بطلان فهذا في الاصل الفساد usually happens in
		
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			the وصف meaning like let's say two people
		
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			married ok and the contract is sound but
		
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			somehow they did like 23andMe or they did
		
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			Ancestry.com and they found out that they
		
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			were like somehow brother and sister so that
		
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			would be فاسد بطلان means that none of
		
00:27:02 --> 00:27:05
			the legal obligations of the contract are going
		
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			to continue فاسد means that some of the
		
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			legal obligations of the contract are going to
		
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			continue or the act of worship the contract
		
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			the act of worship still will be known
		
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			but in the contract sorry so for example
		
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			I pray without udhu that's بطلان I pray
		
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			and I start to pray correctly but then
		
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			I lose my udhu if I continue to
		
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			pray and finish the prayer and I'm like
		
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			الحمد لله I prayed this prayer is فاسد
		
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			I have to repeat the prayer again if
		
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			somebody did a contract and some of the
		
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			pillars of the contract weren't there that would
		
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			be بطلان let's say somebody made a contract
		
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			to buy something and then later on and
		
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			this is where you know there's sort of
		
00:27:59 --> 00:28:02
			some discussions about the whole buying a house
		
00:28:02 --> 00:28:04
			on initially buying a house on a mortgage
		
00:28:05 --> 00:28:09
			you know Shaykh Yusuf Qaradawi he was Hanafi
		
00:28:09 --> 00:28:11
			but some of them argued that well it's
		
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			فاسد so because it's فاسد you can do
		
00:28:15 --> 00:28:18
			it but his argument is not strong because
		
00:28:18 --> 00:28:21
			فاسد means now once we become aware that
		
00:28:21 --> 00:28:23
			this is like a ربوي contract or once
		
00:28:23 --> 00:28:25
			we become aware that there's problems in this
		
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			contract which contradict the Sharia it became فاسد
		
00:28:30 --> 00:28:33
			so the argument is well the legal kind
		
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			of outcome may maintain itself a good example
		
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			is that the Wali even if somebody married
		
00:28:42 --> 00:28:45
			without a Wali in the Hanafi Madhab the
		
00:28:45 --> 00:28:47
			Wali can still come in and cancel the
		
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			عقد the outcome of that let's say they
		
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			had kids God forbid those kids would still
		
00:28:58 --> 00:29:01
			be related to the husband or the wife
		
00:29:01 --> 00:29:04
			so فاسد implies that some of the legal
		
00:29:04 --> 00:29:07
			outcomes of the contract are going to be
		
00:29:07 --> 00:29:09
			there and some of them may not be
		
00:29:09 --> 00:29:11
			that's why sometimes you found in the Mariki
		
00:29:11 --> 00:29:14
			Madhab especially in Egypt we defer to the
		
00:29:14 --> 00:29:17
			Hanafis on this idea of فاسد especially in
		
00:29:17 --> 00:29:19
			marriage contracts because back then people didn't have
		
00:29:19 --> 00:29:21
			the same kind of information that we have
		
00:29:21 --> 00:29:24
			now but they felt like if we were
		
00:29:24 --> 00:29:26
			to impose the Mariki opinion on marriages and
		
00:29:26 --> 00:29:28
			destroy families and destroy some of the legal
		
00:29:28 --> 00:29:30
			outcomes of a marriage it would be very
		
00:29:30 --> 00:29:34
			hard for people so they say مراءة الخلاف
		
00:29:34 --> 00:29:36
			we have something called مراءة الخلاف in the
		
00:29:36 --> 00:29:38
			Madhab to look after these kind of hard
		
00:29:38 --> 00:29:41
			differences to make it simple بطلان means that
		
00:29:42 --> 00:29:44
			the start of the act or the start
		
00:29:44 --> 00:29:47
			of the contract it's or can or not
		
00:29:47 --> 00:29:50
			there الفساد means later on something happens which
		
00:29:50 --> 00:29:56
			corrupts it the act or the contract and
		
00:29:56 --> 00:30:00
			the outcomes of that can be complex Shaykh
		
00:30:00 --> 00:30:07
			he says والبطلان والفساد واختلال العبادة أو العقدي
		
00:30:07 --> 00:30:12
			لتخل في شرط أو وجور مانع as I
		
00:30:12 --> 00:30:14
			said earlier so there's a شرط that's missing
		
00:30:15 --> 00:30:18
			or an أركان that's missing or a مانع
		
00:30:18 --> 00:30:21
			that we weren't paying attention to وأن تجمع
		
00:30:21 --> 00:30:24
			بين أختين إلى ما قد سلف marry like
		
00:30:24 --> 00:30:26
			say somebody married two sisters God forbid didn't
		
00:30:26 --> 00:30:29
			know somehow they found out they were sisters
		
00:30:29 --> 00:30:35
			maybe through some kind of issue بحيث تكون
		
00:30:35 --> 00:30:39
			العبادة والعقد وقعت على غير وجه المشروع so
		
00:30:39 --> 00:30:43
			that the act itself happens in a way
		
00:30:43 --> 00:30:47
			which is not Sharia compliant وما تعلق بالإبطار
		
00:30:47 --> 00:30:52
			منهما فهو باطل from the get up so
		
00:30:52 --> 00:30:57
			whatever is related to something of nullification then
		
00:30:57 --> 00:31:00
			that act is no يقوله صلى الله عليه
		
00:31:00 --> 00:31:04
			وسلم من عمل نعمل ليس عليه أمرنا فهو
		
00:31:04 --> 00:31:08
			رد he doesn't go into this detail that
		
00:31:08 --> 00:31:10
			I went into because again his goal is
		
00:31:10 --> 00:31:12
			to keep it simple but I wanted just
		
00:31:12 --> 00:31:13
			to sort of build on it so you
		
00:31:13 --> 00:31:17
			can later on maybe you're seeing Fatwa you're
		
00:31:17 --> 00:31:19
			talking to a Mufti or this or that
		
00:31:19 --> 00:31:22
			you can see sort of how this plays
		
00:31:22 --> 00:31:24
			out specifically in the Hanafi method but it's
		
00:31:24 --> 00:31:30
			much more detailed the ninth is the Hakim
		
00:31:30 --> 00:31:33
			so we talked about Usul of Fiqh we
		
00:31:33 --> 00:31:39
			talked about المحكم به the rulings and their
		
00:31:39 --> 00:31:42
			different types and iterations and in brevity right
		
00:31:43 --> 00:31:45
			now we're talking about who is the Hakim
		
00:31:45 --> 00:31:49
			who is the ruler وكل حاكم من خلق
		
00:31:49 --> 00:31:55
			فإنما يكون حاكما شرعا إذا كان يحكم بحكم
		
00:31:55 --> 00:31:59
			الله rulers are Sharia compliant only when they
		
00:31:59 --> 00:32:02
			rule by the judgment of Allah doesn't mean
		
00:32:02 --> 00:32:06
			completely but as best they can as mentioned
		
00:32:06 --> 00:32:11
			by Umar ibn Abdulaziz رضي الله عنه يتحراه
		
00:32:11 --> 00:32:19
			ويقصده لقوله تعالى إن الحكم إلى لله those
		
00:32:19 --> 00:32:22
			leaders are encouraged to seek and intend the
		
00:32:22 --> 00:32:25
			ruling of Allah because Allah says that the
		
00:32:25 --> 00:32:29
			ruling belongs only to Allah Allah says وَلَحْكُمْ
		
00:32:29 --> 00:32:33
			بَيْنَهُمْ بِمَا أَنزَرَ اللَّهِ judge amongst them by
		
00:32:33 --> 00:32:38
			what Allah has revealed Allah says إِنَّا أَنزَلْنَا
		
00:32:38 --> 00:32:42
			إِلَيْكَ الْكِتَابَ بِالْحَقِّ indeed we sent you the
		
00:32:42 --> 00:32:47
			book in truth وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَرَ
		
00:32:47 --> 00:32:51
			اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ whoever doesn't rule by
		
00:32:51 --> 00:32:53
			what Allah has sent is Kafir of course
		
00:32:53 --> 00:32:55
			we need to be careful here doesn't mean
		
00:32:55 --> 00:32:59
			like they are not Muslim although depending on
		
00:32:59 --> 00:33:04
			the the degree of what they are doing
		
00:33:04 --> 00:33:07
			like if they are openly committing Kufr that's
		
00:33:07 --> 00:33:11
			different but Maasi that's why Ibn Abbas said
		
00:33:11 --> 00:33:13
			كُفر عَمَرِ like this is a form of
		
00:33:13 --> 00:33:17
			Kufr related to action وَمَنْ لَمْ يَحْكُمْ بِمَا
		
00:33:17 --> 00:33:21
			أَنزَرَ اللَّهُ فَأُولَئِكَ هُمُ الْظَّارِمُونَ whoever doesn't rule
		
00:33:21 --> 00:33:23
			by what Allah has sent is a wrongdoer
		
00:33:24 --> 00:33:28
			وَمَنْ لَمْ يَحْكُمْ بِمَا أَنزَرَ اللَّهُ فَأُولَئِكَ هُمُ
		
00:33:28 --> 00:33:31
			الْفَاسِقُونَ whoever doesn't rule by what Allah has
		
00:33:31 --> 00:33:35
			sent is a sinner then he talks about
		
00:33:35 --> 00:33:42
			the object of rulings المحكوم علي he says
		
00:33:42 --> 00:33:46
			هو الفعل المكلف and the goal the object
		
00:33:46 --> 00:33:47
			of the rulings is the outward and inward
		
00:33:47 --> 00:33:52
			acts of a responsible person الظاهر والباطن outward
		
00:33:52 --> 00:33:53
			would be like you know making wudu inward
		
00:33:53 --> 00:33:58
			is to have niya outward is to say
		
00:33:58 --> 00:33:59
			لا إله إلا الله inward is to say
		
00:33:59 --> 00:34:04
			without nifaq sometimes people say but in the
		
00:34:04 --> 00:34:07
			definition of fiqh always it says العملية you
		
00:34:07 --> 00:34:09
			know like fiqh is always related to the
		
00:34:09 --> 00:34:13
			outward actions أَضَعَ لَالتَّغْرِيب تَغْرِيب means that like
		
00:34:13 --> 00:34:15
			the majority of fiqh is dealing with the
		
00:34:15 --> 00:34:18
			outer issues but that doesn't mean that there
		
00:34:18 --> 00:34:20
			aren't components of fiqh that don't deal with
		
00:34:20 --> 00:34:28
			the heart the niya وَلَمْ يُكَلِّفِ اللَّهُ الْعِبَادَ
		
00:34:28 --> 00:34:31
			إِلَّا بِمَا فِي مَقْدُورِهِمْ and here he's getting
		
00:34:31 --> 00:34:33
			into some axioms you know that Allah SWT
		
00:34:33 --> 00:34:36
			is not going to burden someone with something
		
00:34:36 --> 00:34:40
			which is beyond their capability their capacity وَلَا
		
00:34:40 --> 00:34:46
			حَرَجَ عَلَيْهِمْ فِيهِ and there's like no hardship
		
00:34:46 --> 00:34:49
			in what Allah this is not subjective this
		
00:34:49 --> 00:34:51
			is prescriptive like we talked about the rukhsah
		
00:34:51 --> 00:34:53
			like there's no hardship in what Allah has
		
00:34:53 --> 00:34:56
			sent if someone legitimately is incapable of performing
		
00:34:56 --> 00:34:59
			these acts then there is dispensation the Prophet
		
00:34:59 --> 00:35:02
			ﷺ said as related by Abu Hurairah وَمَا
		
00:35:02 --> 00:35:05
			أَمَرْتُكُمْ بِهِ فَأْتُوا مِنْهُمْ أَسْتَطَعَتُمْ what I commanded
		
00:35:05 --> 00:35:06
			you to do do it as best you
		
00:35:06 --> 00:35:13
			can فَلَا تَكْلِيفَ بِغَيْرِ الْمَقْدُورِ كَقِيَامِ الْمُقْعَدِ لِلصَّلَاةِ
		
00:35:13 --> 00:35:18
			they have a great axiom لا تَكْلِيفَ بالمحال
		
00:35:18 --> 00:35:20
			like it's not possible for us to believe
		
00:35:20 --> 00:35:22
			that Allah is going to burden someone when
		
00:35:22 --> 00:35:26
			it's something impossible for them in that situation
		
00:35:26 --> 00:35:28
			the ruling is going to be either altered
		
00:35:28 --> 00:35:34
			or removed or facilitated وَلَا بِمَا فِيهِ حَرَجٌ
		
00:35:34 --> 00:35:37
			كَقِيَامَ الْمَرِيدِ لَهَا or like something that is
		
00:35:37 --> 00:35:40
			really a considerable burden like someone who's ill
		
00:35:40 --> 00:35:44
			asking them to stand to pray لِقَوْلِهِ تَعَالَى
		
00:35:44 --> 00:35:47
			رَبَّنَا لَا تُحَمِّلْنَا مَا لَا طَاقَةَ لَنَا بِهِ
		
00:35:47 --> 00:35:48
			our Lord do not burden us with something
		
00:35:48 --> 00:35:50
			we do not have the capacity to do
		
00:35:50 --> 00:35:54
			لا يُكَلِفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا Allah will
		
00:35:54 --> 00:35:55
			not burden someone more than they can handle
		
00:35:55 --> 00:35:58
			وَمَا جَعَلَ إِلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ وَتَحَجٍ
		
00:35:58 --> 00:36:03
			Allah has not put anything in religion which
		
00:36:03 --> 00:36:06
			is overly difficult beyond and I like the
		
00:36:06 --> 00:36:13
			translation but it's like beyond your capacity that
		
00:36:13 --> 00:36:15
			takes us to who is accountable in the
		
00:36:15 --> 00:36:18
			Sharia he says المَحْكُمٌ عَلَيْهِ as I said
		
00:36:18 --> 00:36:23
			earlier وَهُوَ الْمُكَلَّفُ الْبَالِغُ الْعَاقِلُ مُخْتَارُ دُونَ السَّبِيِّ
		
00:36:23 --> 00:36:31
			وَالْمَجْنُونِ وَالْمَأْتُوِّ وَالْمُكْرَهِ الْمُخْاطَبُ بِالْأَحْكَامِ it is
		
00:36:31 --> 00:36:35
			every adult sane person who exhibits moral competence
		
00:36:35 --> 00:36:40
			not children the insane the ignorant and the
		
00:36:40 --> 00:36:42
			coerced what do you mean by the ignorant?
		
00:36:42 --> 00:36:45
			here's people who don't know وَمَا كُنَّ مُعَذِبِينَ
		
00:36:45 --> 00:36:51
			حَتَّى نَبَعَثَ رَسُولًا we know that Allah SWT
		
00:36:51 --> 00:36:55
			is not holding people accountable without knowledge so
		
00:36:55 --> 00:36:59
			we have that great axiom بَرَاءَةٌ ذِمَّةٌ these
		
00:36:59 --> 00:37:04
			people are considered innocent because they have not
		
00:37:04 --> 00:37:12
			been exposed to the knowledge then who are
		
00:37:12 --> 00:37:13
			these rulings addressing?
		
00:37:14 --> 00:37:18
			إِذَا كَانَ الْخِطَابُ بِحُكْمٍ وَضَعِيٍّ فَهُوَ عَلَىٰ عُمُومِهِ
		
00:37:18 --> 00:37:22
			لِلْمُكَلَّفِي وَغَيْرِي if the address is of a
		
00:37:22 --> 00:37:27
			designated ruling حُكْمٍ وَضَعِيٍّ it generally applies to
		
00:37:27 --> 00:37:29
			both the accountable and those usually exempted from
		
00:37:29 --> 00:37:33
			obligations what it means is like a cause
		
00:37:33 --> 00:37:36
			so for example a child who inherited money
		
00:37:37 --> 00:37:40
			which reaches the level of zakah here it
		
00:37:40 --> 00:37:42
			says something even that we don't agree with
		
00:37:42 --> 00:37:43
			this but he puts it here this is
		
00:37:43 --> 00:37:45
			why a child and an insane person are
		
00:37:45 --> 00:37:47
			held liable for the consequences of their offenses
		
00:37:48 --> 00:37:50
			and are obligated to give zakah if they
		
00:37:50 --> 00:37:53
			possess the required amount actually the wali of
		
00:37:53 --> 00:37:55
			both of these people is accountable not the
		
00:37:55 --> 00:38:01
			child and not the insane person so those
		
00:38:01 --> 00:38:03
			things related to like for example I reached
		
00:38:04 --> 00:38:06
			you know say I'm 7 years old I
		
00:38:06 --> 00:38:08
			have an inheritance or a trust fund or
		
00:38:08 --> 00:38:10
			something you know and it reaches the level
		
00:38:10 --> 00:38:16
			of zakah وَلِيُ الْأَمْرِ the person who is
		
00:38:16 --> 00:38:19
			in charge over me has as you say
		
00:38:19 --> 00:38:23
			the right of attorney they're responsible that's why
		
00:38:23 --> 00:38:25
			some marrakees the marrakees we say for example
		
00:38:25 --> 00:38:28
			you know a little bit older children who
		
00:38:28 --> 00:38:30
			aren't quite pubescent if they're touching the musha
		
00:38:30 --> 00:38:33
			and they don't have wudu the wali is
		
00:38:33 --> 00:38:40
			a sinner but not those people however he
		
00:38:40 --> 00:38:44
			says ثُمَّ الْخِطَابَ التَّكْلِيفِ if it is أَحْكَامَ
		
00:38:44 --> 00:38:49
			التَّكْلِيفِيَةِ إِنْ كَانَ بِمَا تَتَوَقَّفُ عَلَيْهِ مَصْلَحَةُ كُلَّ
		
00:38:49 --> 00:38:57
			فَرْضٍ تَوَقُفًا مُبَاشِرًا تَوَجَّهَ لِكُلِّ فَرْضٍ وَسُمِّيَ الْخِطَابَ
		
00:38:57 --> 00:39:02
			خِطَابًا عَيْنِيًا but if the address is of
		
00:39:02 --> 00:39:07
			an obligatory nature it is exclusive to the
		
00:39:07 --> 00:39:09
			accountable individual so now it's on the person
		
00:39:09 --> 00:39:12
			there's a translation something lost in the above
		
00:39:12 --> 00:39:14
			even the Arabic because what the maliki and
		
00:39:14 --> 00:39:16
			I know this is the sheikh he's maliki
		
00:39:16 --> 00:39:17
			he's trying to say is that the child
		
00:39:17 --> 00:39:21
			and the person who is mentally compromised their
		
00:39:21 --> 00:39:24
			wali is the sinner but if it's taklifi
		
00:39:24 --> 00:39:27
			and the person is muqallaf eligible to be
		
00:39:27 --> 00:39:31
			muqallaf then anyone who is eligible to be
		
00:39:31 --> 00:39:36
			muqallaf is eligible for that khitab the voice
		
00:39:36 --> 00:39:39
			of God the combination of God and that
		
00:39:39 --> 00:39:43
			becomes individually ayniyyan it becomes an individual obligation
		
00:39:43 --> 00:39:48
			upon that person وَيُسَمَّى الْمَطْلُوبُ بِهِ مَطْلُوبٌ عَيْنِيًا
		
00:39:48 --> 00:39:50
			and that command is what's called we call
		
00:39:50 --> 00:39:55
			farda'een وَاجِبًا كَانَ أَوْمَنْ دُوبًا كَالصَّلَاةِ وَالصَّوْمِ
		
00:39:55 --> 00:40:01
			وَالحَقِّ وَالصَّدَقَةِ وَنَفْرِهَا وَلَيَسْقُطُ الطَلَبُ فِيهِ عَنْ أَحَدٍ
		
00:40:01 --> 00:40:05
			بِقِيَامِ غَيْرِهِ بِهِ he's making it very simple
		
00:40:05 --> 00:40:07
			but what he said here is that that
		
00:40:07 --> 00:40:11
			is called an individual obligation or command whether
		
00:40:11 --> 00:40:15
			it's fard whether it's mandub like athan or
		
00:40:16 --> 00:40:20
			salah or saum or hajj or sadaqa meaning
		
00:40:20 --> 00:40:26
			zakaa وَنَفْرِهَا وَلَيَسْقُطُ الطَلَبُ فِيهِ عَنْ أَحَدٍ بِقِيَامِ
		
00:40:26 --> 00:40:28
			غَيْرِهِ بِهِ and no one else can do
		
00:40:28 --> 00:40:30
			that for you that's why it's called farda
		
00:40:30 --> 00:40:33
			'een farda'een means you have to do
		
00:40:33 --> 00:40:35
			it I have to do it you have
		
00:40:35 --> 00:40:37
			to do it I have to no one
		
00:40:37 --> 00:40:40
			can do it on our behalf inshallah we're
		
00:40:40 --> 00:40:42
			going to stop here because next week we
		
00:40:42 --> 00:40:44
			have to open up a broader conversation on
		
00:40:46 --> 00:40:48
			المحكوم علي meaning the community and the individual
		
00:40:48 --> 00:40:50
			and that's what he's leading up to here
		
00:40:50 --> 00:40:53
			you can stop now and take any questions
		
00:40:53 --> 00:40:57
			that you have bismillah we like to know
		
00:40:57 --> 00:41:00
			sayyidan I'll read through some of the questions
		
00:41:00 --> 00:41:02
			and definitely feel free to take them it's
		
00:41:02 --> 00:41:07
			there in the scope inshallah sayyidin so non
		
00:41:07 --> 00:41:08
			-muslims have been exposed to the knowledge of
		
00:41:08 --> 00:41:11
			Islam are they exempt from punishment of this
		
00:41:11 --> 00:41:11
			way?
		
00:41:12 --> 00:41:14
			it depends on the degree of the exposure
		
00:41:15 --> 00:41:18
			so you know I like to say that
		
00:41:18 --> 00:41:22
			they were prophetically exposed right so the level
		
00:41:22 --> 00:41:24
			of exposure is one which like if we
		
00:41:24 --> 00:41:27
			think about how we evaluate a lesson you
		
00:41:27 --> 00:41:30
			know just because someone heard something on the
		
00:41:30 --> 00:41:33
			news or in fact maybe someone saw something
		
00:41:33 --> 00:41:39
			bad رَبَّنَا لَا تَجْعَلْنَا فِتْنَةٍ لَلَّذِينَ كَافُرٌ don't
		
00:41:39 --> 00:41:40
			make us a fitna for those who disbelieve
		
00:41:40 --> 00:41:42
			in you don't make us a bad example
		
00:41:43 --> 00:41:47
			so they would have to be exposed in
		
00:41:47 --> 00:41:52
			a way which it renders that exposure under
		
00:41:52 --> 00:41:58
			what we call إقامة الحجة لَيَقَلْ لَيَكُونَ لِلنَّاسِ
		
00:41:59 --> 00:42:02
			عَلَى اللَّهِ حُجَّةٌ بَعْدَ الرُّسُلِ surah Nisa right
		
00:42:02 --> 00:42:04
			so that people have no excuse in front
		
00:42:04 --> 00:42:08
			of Allah after the messengers were sent and
		
00:42:08 --> 00:42:11
			we find this actually you know in the
		
00:42:11 --> 00:42:13
			story of Sayyidina Musa with his people اِجَعَلَنَا
		
00:42:13 --> 00:42:19
			إِلَاهًا كَمَا لَهُمْ آلِهَا surah A'raf when
		
00:42:19 --> 00:42:21
			those people who came out of years of
		
00:42:21 --> 00:42:24
			mental and physical anguish and they had like
		
00:42:24 --> 00:42:27
			Stockholm syndrome right and they said to Prophet
		
00:42:27 --> 00:42:31
			Musa make us a statue like their statues
		
00:42:31 --> 00:42:34
			the people of Fir'aun قَالَ إِنَّكُمْ قَوْمٌ
		
00:42:34 --> 00:42:40
			تَجْهَلُونَ he didn't say إِنَّكُمْ قَوْمٌ كَافِرُونَ Musa
		
00:42:40 --> 00:42:42
			said to them you're ignorant he didn't say
		
00:42:42 --> 00:42:45
			you're kuffar because they didn't at that time
		
00:42:45 --> 00:42:48
			they didn't have the جِزِيَةَ وَعقِيدِيَةَ they didn't
		
00:42:48 --> 00:42:51
			even have an opportunity to learn properly even
		
00:42:51 --> 00:42:53
			though they were the followers of Musa we
		
00:42:53 --> 00:42:55
			also find this example in the end of
		
00:42:55 --> 00:43:04
			surah Ma'idah when the students of Prophet
		
00:43:04 --> 00:43:08
			Isa a.s. asked him to ask Allah
		
00:43:08 --> 00:43:12
			أَنْزِلْ عَلَيْنَ مَا إِدَةَ هَلْ يَسْتَطِعُ رَبُّكَ أَنْ
		
00:43:12 --> 00:43:15
			يُنَزِلْ عَلَيْنَ مَا إِدَةَ هَلْ يَسْتَطِعُ رَبُّكَ أَنْ
		
00:43:15 --> 00:43:15
			يُنَزِلْ رَبُّكَ أَنْ يُنَزِلْ عَلَيْنَ مَا إِدَةَ قَالَ
		
00:43:15 --> 00:43:20
			اتَّقُوا اللَّهَ إِن كُنْتُمْ مُؤْمِنِينَ so those followers
		
00:43:20 --> 00:43:24
			of Jesus they said can Allah this is
		
00:43:24 --> 00:43:29
			kuffar can Allah send a table from the
		
00:43:29 --> 00:43:35
			sky he didn't say اتَّقُوا اللَّهَ فَإِنَّكُمْ كَافِرُونَ
		
00:43:36 --> 00:43:40
			he said اتَّقُوا اللَّهَ إِن كُنْتُمْ مُؤْمِنِينَ why?
		
00:43:40 --> 00:43:43
			because they didn't have the knowledge yet so
		
00:43:43 --> 00:43:46
			even even amongst people who say لا إله
		
00:43:46 --> 00:43:48
			إلا الله we have to and this is
		
00:43:48 --> 00:43:50
			I'm sure Shaykh Abdul Sattar is explaining this
		
00:43:50 --> 00:43:53
			in his class much better than me we
		
00:43:53 --> 00:43:56
			have to be very cautious of hyper takfirism
		
00:43:57 --> 00:44:00
			amongst the Muslims who may have not been
		
00:44:00 --> 00:44:05
			exposed as Al-Hafidh Ibn Rajab he says
		
00:44:05 --> 00:44:08
			even many ulema sometimes they don't know these
		
00:44:08 --> 00:44:13
			little details these small details he says even
		
00:44:13 --> 00:44:16
			ulema sometimes they don't know this stuff because
		
00:44:16 --> 00:44:18
			it's not their specialty then what about the
		
00:44:18 --> 00:44:19
			people I remember one time we were reading
		
00:44:19 --> 00:44:22
			the mu'atta to Shaykh Muhammad Wissam we
		
00:44:22 --> 00:44:23
			used to read to him twice a week
		
00:44:23 --> 00:44:27
			in Masjid Sayyidina Imam Hussain in Al-Qahira
		
00:44:27 --> 00:44:29
			and a guy he came into the masjid
		
00:44:29 --> 00:44:31
			and he went to the grave of Hussain
		
00:44:31 --> 00:44:34
			and made sujood so you know we started
		
00:44:34 --> 00:44:39
			getting a little we got a little angry
		
00:44:40 --> 00:44:44
			Astaghfirullah so Shaykh Dr. Muhammad Wissam who has
		
00:44:44 --> 00:44:46
			a PhD in Usul Al-Fiqh and used
		
00:44:46 --> 00:44:47
			to be one of the head muftis in
		
00:44:47 --> 00:44:51
			Egypt he went to that man and he
		
00:44:51 --> 00:44:54
			started to talk to him then he came
		
00:44:54 --> 00:44:57
			back and he said you know what happened
		
00:44:57 --> 00:45:00
			I asked him why did you make sujood
		
00:45:02 --> 00:45:05
			in front of the Dari'a of Imam
		
00:45:05 --> 00:45:10
			Hussain and he said I didn't know he
		
00:45:10 --> 00:45:12
			was a farmer he said I just love
		
00:45:12 --> 00:45:15
			Ahlul Bayt Rasul so I thought like I
		
00:45:15 --> 00:45:20
			will show my love for him then Imam
		
00:45:20 --> 00:45:23
			Dr. Muhammad Wissam he corrected him and I
		
00:45:23 --> 00:45:25
			read the same statement of Imam Zahabi Imam
		
00:45:25 --> 00:45:35
			Zahabi said if I saw someone making
		
00:45:35 --> 00:45:37
			sujood in front of a grave I will
		
00:45:37 --> 00:45:39
			not make takfir of them until I talk
		
00:45:39 --> 00:45:44
			to them so not only for non-Muslims
		
00:45:44 --> 00:45:46
			is this question important but there is also
		
00:45:46 --> 00:45:51
			an application to a broader Muslim community that's
		
00:45:51 --> 00:45:54
			coming out of tremendous it's still experiencing tremendous
		
00:45:54 --> 00:45:56
			we're seeing Muslim babies slaughtered every day on
		
00:45:56 --> 00:45:59
			Instagram we're seeing Muslim babies Palestinian babies slaughtered
		
00:45:59 --> 00:46:02
			every day on Instagram in Gujarat people were
		
00:46:02 --> 00:46:05
			slaughtered we saw it we are traumatized community
		
00:46:06 --> 00:46:11
			and then secondly the collapse of the reliable
		
00:46:11 --> 00:46:15
			sources of Islamic information and their replacement by
		
00:46:15 --> 00:46:18
			this incredible corrosive decentralizing agent known as social
		
00:46:18 --> 00:46:22
			media have further amplified the ignorance of the
		
00:46:22 --> 00:46:26
			Muslims so not only non-Muslims but Muslims
		
00:46:26 --> 00:46:27
			also we have to think about what they
		
00:46:27 --> 00:46:31
			know what they've been exposed to wallahu anam
		
00:46:31 --> 00:46:35
			very nice jazakallah two other questions that are
		
00:46:35 --> 00:46:39
			related to the topic that we talked about
		
00:46:39 --> 00:46:43
			in regards to the text saying that an
		
00:46:43 --> 00:46:47
			act that's butlan or fasil a rejected act
		
00:46:47 --> 00:46:51
			is there seen incurred upon that original act
		
00:46:51 --> 00:46:53
			of worship that was done that's rendered fasil
		
00:46:53 --> 00:47:03
			or butlan because the origin of all contracts
		
00:47:03 --> 00:47:06
			is permissible so maybe a person doesn't know
		
00:47:06 --> 00:47:09
			again how many people are there like Joe
		
00:47:09 --> 00:47:14
			Bradford in our community so how many people
		
00:47:14 --> 00:47:16
			like Sheikh Hamza Maqbool in our community how
		
00:47:16 --> 00:47:18
			many people can we go to to sort
		
00:47:18 --> 00:47:22
			of investigate Sheikh Amin we can go and
		
00:47:22 --> 00:47:27
			investigate and unfortunately the information on what makes
		
00:47:27 --> 00:47:32
			contracts halal it's not easily available so we
		
00:47:32 --> 00:47:34
			say inna ma'a la'abaru bidiyat you
		
00:47:34 --> 00:47:39
			know the person who has the intention and
		
00:47:39 --> 00:47:41
			they don't know is different than the person
		
00:47:41 --> 00:47:44
			who knows fa man ja'ahu ma wa
		
00:47:44 --> 00:47:48
			'idhatu min rabbihi fa antaha fa la'ahuma
		
00:47:48 --> 00:47:51
			salafu wa amruhu ilallah Allah says about the
		
00:47:51 --> 00:47:54
			person who this is the evidence for bara
		
00:47:54 --> 00:47:56
			'atu dhimma right so the one who the
		
00:47:56 --> 00:47:59
			reminder came to them and they stop what
		
00:47:59 --> 00:48:02
			preceded them is forgiven because they didn't know
		
00:48:03 --> 00:48:06
			but if they're made aware like this contract
		
00:48:08 --> 00:48:10
			is botlan like a Muslim woman marrying a
		
00:48:10 --> 00:48:14
			non-Muslim man that's botlan but they persist
		
00:48:15 --> 00:48:18
			you know Allah can forgive who He wants
		
00:48:18 --> 00:48:19
			Allah can punish who He wants but from
		
00:48:19 --> 00:48:24
			our our legal optics this is sinful behavior
		
00:48:25 --> 00:48:30
			absolutely JazakAllah khair last question in terms of
		
00:48:30 --> 00:48:32
			when you're talking about the rulings of rukhsah
		
00:48:32 --> 00:48:34
			whether it's something as wajib or mubah or
		
00:48:34 --> 00:48:38
			ustahab for example the rukhsah of shorting the
		
00:48:38 --> 00:48:39
			prayer during travel how do we know if
		
00:48:39 --> 00:48:43
			it's meant to be wajib or mubah I
		
00:48:43 --> 00:48:44
			said it earlier the books of fiqh are
		
00:48:44 --> 00:48:49
			the tafsir of ahkam that is the job
		
00:48:49 --> 00:48:50
			of the books of fiqh the books of
		
00:48:50 --> 00:48:53
			fiqh are meant to help us do four
		
00:48:53 --> 00:48:56
			things number one to be familiar with what
		
00:48:56 --> 00:49:01
			is obligatory and what is not obligatory number
		
00:49:01 --> 00:49:06
			two to inform us about the proper application
		
00:49:07 --> 00:49:12
			of those rulings right so I know like
		
00:49:12 --> 00:49:13
			if I read in a book of fiqh
		
00:49:13 --> 00:49:15
			it's going to say I can break my
		
00:49:15 --> 00:49:18
			fast or not break my fast it's going
		
00:49:18 --> 00:49:20
			to show me then also like am I
		
00:49:20 --> 00:49:22
			eligible for this or not that's the application
		
00:49:25 --> 00:49:28
			number three the books of fiqh are meant
		
00:49:28 --> 00:49:31
			to how can I say this in a
		
00:49:31 --> 00:49:35
			simple way to embody the evidences without the
		
00:49:35 --> 00:49:38
			evidences so that's why people sometimes they make
		
00:49:38 --> 00:49:40
			a mistake oh how come there's no evidences
		
00:49:40 --> 00:49:42
			in these books I read Quduri you know
		
00:49:42 --> 00:49:44
			there was no how come in Hidayah there's
		
00:49:44 --> 00:49:46
			no how come in Muqtash Khalil there's no
		
00:49:46 --> 00:49:48
			evidences because the job the book of fiqh
		
00:49:48 --> 00:49:52
			is not is worried that presenting all of
		
00:49:52 --> 00:49:54
			those evidences to people aren't trained in how
		
00:49:54 --> 00:49:57
			to interpret them will confuse them so it
		
00:49:57 --> 00:50:00
			simplifies that it is a zip file of
		
00:50:00 --> 00:50:02
			all of the evidences and all of the
		
00:50:02 --> 00:50:05
			things related to the law in a language
		
00:50:05 --> 00:50:10
			in a legal language the fourth the jobs
		
00:50:10 --> 00:50:12
			of the books of fiqh are to keep
		
00:50:12 --> 00:50:16
			us on orthodoxy to protect us from two
		
00:50:16 --> 00:50:23
			extremes irrational conservatism irresponsible liberalism and I think
		
00:50:23 --> 00:50:26
			that's why when we teach fiqh we should
		
00:50:26 --> 00:50:30
			tell people that the mathahib are what Ibn
		
00:50:30 --> 00:50:33
			Kathir is to tafsir what Quduri is to
		
00:50:33 --> 00:50:35
			tafsir what Qutubi is to tafsir of the
		
00:50:35 --> 00:50:39
			Quran the mathahib are the tafsir of the
		
00:50:39 --> 00:50:45
			law it's application it's designation and it's degrees
		
00:50:45 --> 00:50:50
			of importance in a simplified way because you
		
00:50:50 --> 00:50:51
			can think about how hard it is here
		
00:50:51 --> 00:50:53
			in America to like no one's going to
		
00:50:53 --> 00:50:55
			pick up like black's law you know dictionary
		
00:50:55 --> 00:50:57
			and just start reading why do you go
		
00:50:57 --> 00:50:59
			to a lawyer a lawyer's job is to
		
00:50:59 --> 00:51:01
			simplify language the job of fiqh is to
		
00:51:01 --> 00:51:04
			simplify the for people except the books which
		
00:51:04 --> 00:51:07
			are written for you know people training but
		
00:51:07 --> 00:51:09
			for the masses talking about those books for
		
00:51:09 --> 00:51:12
			the masses the top 40 books their job
		
00:51:12 --> 00:51:17
			is to make it accessible digestible and applicable
		
00:51:21 --> 00:51:23
			is a is a thank you so much
		
00:51:23 --> 00:51:25
			I think definitely my quote resonated with a
		
00:51:25 --> 00:51:28
			lot of us in terms of the mathahib
		
00:51:28 --> 00:51:30
			being tafsir of the ruling so that was
		
00:51:30 --> 00:51:31
			I think a good way to to put
		
00:51:31 --> 00:51:33
			that and phrase that are there any questions
		
00:51:33 --> 00:51:35
			from the crowd before I buy it Quduri
		
00:51:36 --> 00:51:38
			okay Charlie you can definitely send them to
		
00:51:38 --> 00:51:39
			the newsletter the one side we're open Charlie
		
00:51:39 --> 00:51:41
			I'll send them to you as well thank
		
00:51:41 --> 00:51:43
			you for a wonderful session I'll have to
		
00:51:43 --> 00:51:46
			report in bye bye thank you so much
		
00:51:46 --> 00:51:49
			we'll see shall I go I'll send