Suhaib Webb – Maliki Fiqh For Newbies AlAkhdari Part 7 Tayammum And Menstruation
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Assalamu
Alaikum everybody. It's nice to see everyone again.
Eunice, congratulations,
burrit insha'Allah.
You and your wife, may Allah reward her
for all the hard work she did and
bless you.
So the Sheikh he says,
This is what you were just talking about,
everybody.
That a person
can make tayam mum if they are not
traveling for evil.
And within the madhab, you find some different
opinions and the strongest opinion,
is mentioned by Imam Al Khattab. Imam Al
Khattab
is one of the great scholars in Ahmed
He lived in Mecca. You know
prior to the advent of salafism, you know,
Mecca was largely
Maliki Shefei.
And that is that, you know, and there's
there's a strong opinion that you can't.
If your travel is being done for
the purpose of
sin,
you're not eligible for the dispensation.
But,
Al Khattab
mentions it also,
as well as the great scholar from the
method of Ibn Abdus Salam,
that the stronger opinion is that if the
dispensation
involves travel,
like it affects the travel, like shortening the
prayers or combining the prayers, then that's removed.
Right? That directly is implicitly related to the
explicitly related to travel.
But if it is not explicitly related to
the travel, like, then
that's not removed.
So it's not as clear cut
maybe as you find in the text.
Right? And, of course, for most of it,
this is theoretic
theoretical anyways, but it's interesting. Right? Like, the
fact that even sinners were asking if they
could make.
Like people that were going to do evil
were still concerned
with
praying.
So Al Hatab
is
really, really a profound scholar.
And Ibn Abd al Salam, also in the
Madhub, one of the great, great scholars, and
others,
say what this means actually
is and these are in larger texts, right?
They're not commentating
on the akhtari,
is that if
the travel itself is impacted
by the dispensation,
like, it's related to travel, like, so you
shorten the prayers because you're traveling, you're tired,
whatever.
But Tayamom is because you don't have water,
right?
So they're saying here
the
dispensation
that is explicitly
tied to travel,
that is not allowed if your travel is
for evil.
But
Then also he talks about.
I have to hurry. I have to skip
some stuff that I was gonna talk about
just because we're not gonna be able to
get done, man.
Then his statement that it is not allowed
for someone who is
a healthy resident to make Tayamum for nafil,
for jumwa,
or for janeza,
unless that person is the only one who
can pray the janeza, right?
Now the word janazah, there's different interpretations about
what it means, but the strong opinion
is or which means something heavy. When you
carry your body, it's heavy.
There's also a pin that is from Jinaza
with a kesra, not Janaza.
Fajans means something heavy. Jins
has a different meaning.
The word jins means the bed that the
dead person lies in. It's
classical Arabic, like ancient Arabic.
But let's quickly talk about this discussion
about
We have someone in the comments here saying
that their father is in the ICU,
so we should drop everything. We ask Allah
Subhanahu Wa Ta'ala, Roshan, also Roshan Khan is
good people, man.
Ask Allah Subhanahu Wa Ta'ala to give your
father complete shifa,
and to give you and your family patience.
So here we find this opinion, right? The
Mashhur is what the Sheikh is mentioning, but
you find Imam Khalil
ibn Ishaq.
We know that the Muqtasir Khalil is like
for us like Hidayah
for the Hanafis.
But he has another book called
I heard Sheikh Islam, he told me that,
In the he was just relaying the medhab,
this is what the medhab is.
But in his book, Toldir, he's making istiheh,
like he's engaging, he's thinking at a higher
level. He's being
more,
like, constructive in his engagement.
So he says in atoldi,
that
this difference
in the medheb,
about
someone who is
a
healthy
residence
is coming from verse 43 of Shulk Nisa.
Allah Subhanahu Wa Ta'ala says,
Allah
If you look at the word,
which means if any of you are sick
or traveling,
or you come from
using the restroom,
or you touch
your wives, you have sexual relationship with your
wives,
and you don't find water,
then make.
If we say
that the word means
what,
no, and you touched your wives,
then this restricts
the application of the verse
only to those who are traveling or sick.
If it means well, excuse me, and.
So you are traveling, you are sick,
and
you had sexual relations. This is called.
So they say that, El, those people who
have this opinion that is not allowed for
the one who is, you know, a resident,
who's healthy,
then that person is not being talked about
here.
Because it's saying if you're traveling according to
them, or if you're traveling
and you're sick and
they
say,
But as Siri Khalil, he mentions, and also
Imam Al Qarafi,
that the foundational principle in Arabic is that
we don't
interpret a word
unless we like, unless there's a strong reason
for it.
Here, means.
Or so if you think about it in
that way,
if you are
traveling
or,
if you and when you are sick
or you are traveling,
or you and here, or you doesn't mean
that's because sick people and people that travel
aren't the only ones that have sexual relationship
with their spouses. People who live in the
same city and reside in the same city
and they're healthy, they have sexual relations.
So the other opinion is saying no, that
Al
And and if that's the case, then it
means and let me explain it to everyone
to make it clear.
And when you are sick and when you
are, and when you are,
sick or you are traveling or you here,
or you means I'm any of you come
from relationship with your spouse.
So they say there's 2 ways to interpret
the verse the verse. The first, according to
the Medheb, the strong like, the pin you
find in the Medheb, is that the word
means wow. They have a lot of discussion
about why. That's
not that's not our place for that here.
That's a long discussion.
But then you have the meaning, like,
and others are like, no, man.
Because look at the beginning.
This is not
this is
this or this or this situation.
And they say that none of those situations
does it say, like, if you touched your
had * with your spouse, does it imply
that you were sick of traveling? That doesn't
make any sense.
Even if you were like residents
or not residents, and you didn't find water,
Let me try to explain it one more
time. I'm sorry if it's a little complicated.
I told myself I wasn't gonna talk about
it, but I feel like because, the question
was asked earlier, like, we need to unpack
it a little bit. And that is if
you look at the translation, in the end,
when you are
sick or you are traveling
or you come from
your,
using the restroom
or
you have had * with your spouse.
Those who say that you're not allowed to
make tayammon
for jum'ah
or voluntary prayers or janazah,
they say that the last
the last or means and.
So it doesn't apply
to someone who's, like, a resident. It applies
to the sick or the traveler before it.
Halas.
The others, they say, no. No. No. No,
man. You're stretching the language, bro. You're stretching
the language in a way that is it's
too much.
So they say the verse means this, and
that's why there could be translations within the
guise of certain.
It'd be very interesting for people to see
that.
But they say it means this. And when
and and
when you are
sick
or traveling
or you come from using the restroom or
you've had * with women
people who use the restroom and people who
have * with women aren't always traveling.
So they say here the verse
applies to everybody
when it talks about those things.
So they say, therefore, the idea that
cannot make
for these things,
and others they say.
It means anybody
who doesn't have water.
Everybody kind of understand now
the situation?
One more time to make sure.
So those people in the Med Heb who
say that if you are a resident
and
you're healthy,
You're not allowed to use tayamu for anything
except the farbtayn,
because verse number 43 in sotnisa,
they say it means this, and when you
are sick or traveling or come from using
the restroom
and.
So let's say the
for the restroom or or the or
for having a relationship with your wives or
husbands. This means and, and. So that means,
that it only applies to those who are
sick and
or traveling.
Other people, they say no, no, no, no,
no, no, no, because that's not what the
language says. The language is in front of
us. The Quran is clear,
And they say this is what it means.
It means what it says. That end,
when you are sick, or you are traveling,
or you come from using the restroom, or
you have a relationship with your family, and
you don't find water, any of you make.
So they say this is.
The response is now that you are making
you're restricting the meaning of a verse without
bringing something to justify why you've restricted
it. It's a cool discussion and actually,
in more advanced fit classes, this is how
you study. If we were to teach faith
like this, we would still be in the
chapter on
purification.
We wouldn't have gotten anywhere.
But it's good sometime for people to know
there's a lot of depth and really interesting
discussions out there
that are very nice.
Imam al Qarafi,
he brings another evidence
that's really interesting.
And this narration, Masha'Allah, is from Bukhari and
Muslim,
That the prophet
one day he was walking and he met
this man and the man wanted to say
to him, and many of us know the
narration, what did the prophet do?
He went
and made
Then he came back and said
And then the man,
he inquired like what just happened? And this
is from
the narration of Abu Dawood,
this part, the prophet said
The prophet said the only thing that kept
me from responding to you is that I
wasn't pure, so he went and made
so he became pure and then what did
he do? He responded,
Sayyidina Al Qarafi says
litesiri
maslaha
raddasalamfasurat
ola.
Like if you're allowed to make Tayam mum
to give salaam back to someone,
then prayer is more important than that.
See, he's now like his argument.
So back to Sheikh Abdulazak's question,
based on this understanding,
if you're in the Masjid and they pray
Jumu'ah,
make Tayamun pray Jumu'ah.
I recently was contacted by a community
who a group of people did not pray
Janazah on one of their friends
because they wanted to stick to the opinion,
god bless them, and al Akhdarri. No problem,
man. But understand that there's other opinions,
right, that allow
or state that you can.
My personal approach in all this when answering
people's questions is if I know that there
is a strong difference
and the evidences are very strong,
I'm going to answer based on what Sheikh
Rayyan told me is best for the people.
What's best for them to achieve the
as long as it doesn't take them out
of the deen, of course,
And just imagine for the rest of your
life, man, no, you didn't pray for your
homie.
Like, man, that's just like, I will hope.
You know, brothers will pray for me.
I don't have a Muslim family, I need
as many people to pray for me as
they can
because the prophet said if 40 people pray
on you and they do not associate partners
with Allah,
that's a good sign.
So we wanna expand
not, like, creating problems and becoming modernist and
throwing the religion out the window.
But we wanna look for what's best for
people if there are strong evidences to support
things
or weak evidences
to port something else.
Then he says,
what are the obligations of Tayamun? We talked
about it, niya,
we talked about the flat surface,
Right? Because of time,
I teach this at my school in a
very much more slower way, but with everyone
here, I'm try I'm trying to get it
done, man.
Then he says and and listen. I don't
have a problem with headstrong.
I I don't have a problem with that.
If if people find meaning
in in sticking to their,
that's great.
I have I have absolutely no problem. I
respect that.
But for Fatwa,
for teaching
or guiding people, you gotta be aware sometimes
of things, man, because you may harm somebody,
or you mean create difficulty for somebody when
there is flexibility.
That's all I'm saying. I would I I
don't like,
you know, people that wanna stick to a
Med Hab and they feel safe with that.
That's okay.
That's not an issue.
People who who who, you know, have challenges,
life is dynamic,
we need to respect them as well.
And and and something that we lost now.
We're not like we're not Crimson Bloods, man.
We're like, we don't hate each other because,
I mean, I know, you know, Boyz N
Hood is 30 years old, but ain't like
Doughboy versus this dude. That's not what this
is. We're still Muslims,
we still love each other
To love each other is nobody's debating. You're
not gonna see Khalil and Abdul Salam and
this guy, nobody's arguing and loving each other.
You know what Imam ibn Hazem says?
That when he was in Spain,
in 40 miles, there were 4 different caliphs,
4 different people who claimed to be the
Khalifa of the Muslims. And that's why Imam
Ibn Hazm says, It's over with for us,
man.
It's a wrap.
Yeah, they were all Malakis and Asharis,
but that division that Shaitan likes to amplify
amongst us,
that stuff, man, we can differ. We don't
have to agree. It doesn't take it we
don't take it personal.
Just don't agree. Okay. No problem.
No problem.
Let's move on quickly just because of time,
man, and I apologize
because of that to the sunun. We talked
about the sunun of Tayamun,
and, may Allah forgive me for not doing
it its justice. You know, Al Qari Abu
Bakr, he says
that, It's like really actually an incredible section
because you take so much from the philosophy
of Sharia,
from Tayamom
and ministration.
Sheik, he says as we finish because of
time,
and also this issue of not praying too
far in a row with the Tayam mum
and
you
know,
You know this also there is a lot
of interesting discussion but time, unfortunately, is
Then he says,
talking about the administration. He's gonna read for
a few minutes and then we'll stop. He
says,
He divides women into 3 categories when it
comes to menstruation. Number 1 is a woman
who's never menstruated before.
So it's her first time,
The second is a woman that has experience
with menstruation. She has an ada. She has
a norm that she understands.
Right? So, what does she use to determine
her menstrual cycle? It's the ada,
her normal cycle.
Is a woman who is pregnant.
In the Madhab,
the longest
a first timers
menstrual cycle can be is 15 days.
I encourage you to consult always with your
physician.
Right? I'm just reading what the book is
saying, but you always wanna be in contact,
and I know sister Angie was here. She
taught a course for us, a Swiss man.
It was
incredible.
And Sheikh, actually, in his explanation of Al
Akhtar, he says, you know, men don't be
miserly in learning about this,
because it's very important for you to learn
too.
And then for a woman who has experience
with her menstrual
cycle,
If the period goes 3 days beyond her
normal cycle,
then it's considered Istihalba
in the Medheb, and these 3 days are
called Istilhar
from the word dhor,
so I can make things clear.
So let's say, as long as it doesn't
reach 15 days,
more than 15 days. So let's say a
woman, her normal cycle is 9 days, then
she continues after 9 days, and she counts
3 extra days. And after those 3 extra
days, on the 12th day,
after that, she's gonna make ghusl, she's gonna
start praying even if she's bleeding, it's considered.
If her normal period is 14 days
and she bleeds on 15th day, she doesn't
have to count 3 days. She only has
to count what?
One day, because anything beyond 15 is.
We'll talk about it more next time, but
just to give you the background of this
discussion.
But to be honest with you, there is
no strong evidence on the idea of istildhar.
The hadith is.
It's not even daif, man. It's super weak.
And then the evidence,
you know,
used by some in the Mad Heb, the
61th verse of
You know, tell the people
to tell the people to enjoy in their
homes for 3 days.
3 days is a time that doesn't lie.
That has nothing to do with administration.
As mentioned by Ibn Abdur Bar, Al Hafiz,
Al Meriki.
You know, they may not consider the hadith
weak. So someone asked, Well, if the hadith
is weak, then why why They may not
consider it weak.
So we have to respect that, right?
It's not cut and dry. But to use
that verse
to apply to
istilhar is
honestly,
respectfully, lovingly
according to the teachers I study with and
even people like Al Hafiz ibn Abdul Bara
and other great in the
school. Just a stretch, man.
So then what does a woman do?
She goes by her.
Whatever goes beyond her normal cycle is content
is considered istihadah. That's the second opinion in
the school.
Why? Because that's her custom.
She knows herself.
And I like this opinion, number 1, because
of the evidences for it, the axiom,
but also you give utility to people. You
put religion in their hands.
You gotta be responsible for yourself.
So he
says, so 3 types of women:
beginners, those who have experience, and then those
who are pregnant.
What does he say as we finish? He
says 3 types of women. The first is
a person who their period starts. The longest
point of that period is 15 days for
a beginner.
For someone that has experience according to the
school,
anything that goes 3 days beyond her normal
cycle as long as it doesn't pass 15
days
is considered istihaba,
but I told you the strong opinion within
the medheb,
within the school,
is that it's because
the evidences are not that strong,
not that strong. But if someone wants to
follow
those opinions because, again, we respect and love
and honor those people.
But next time,
insha'Allah, next week we're off for Eid, I
believe, alhamdulillah.
We have to go through this chapter on
menstruation and Hayd quickly, but there's a lot
of
important points, for example, about going in and
out of the Masjid.
The statement
has attributed to Imam Malik of the meaning,
the manna, why?
Right? And how we can negotiate their thinking
now about the current situation, touching the Quran,
the importance of education, the centrality of the
Masjid in the lives of people
based on statements of the ulama in the
madhab.
We'll talk about that, in the future. Any
questions, inshallah, that you have, we can take
them now. I apologize today. I had to
jump off
and run to another program, but I did
my best to
get back as soon as I could.
A question also, someone asked, how about the
the length of her time for purity? There
is no length on it.
So the law says woman's
pure and we'll talk about what Ib No
Rush. Ib No Rush actually divides women into
5 categories.
Right? So young and old, those who you
doubt
have
menstruation, so that's on two ends of it,
a young girl that hasn't reached puberty, an
older woman who's
past menopause,
and then in between that you have 3
categories of women.
We'll talk about that, as well as next
time.
Yeah. Exactly, Lauren. So according to that opinion,
what she goes by is her ada,
what's her normal cycle. Absolutely. That would mean
that a woman's cycle would stop and her
normal cycle would typically end, and she should
start start praying regardless of whether she was
still bleeding or not. Also, a sister wants
to know about can she pray in the
car. We talked about can you pray in
the car because of fear, right? There's a
genuine threat to your life,
right?
Or fear of threat to your life, that
of course is permissible.
Nifas is coming next, Insha'Allah.
Or she can go home and join the
and actually in the MedHab, she can do
something else, we'll talk about it she can
join the prayers later.
When she's in a place of safety, she
can just join the
prayers. If she's not of course, if she's
not able, for some reason, to get out
of the car for an extended period of
time, then that will be acceptable.
Although, yeah, there's different, kind of different opinions
on it, but And and also, the other
issue we're gonna talk about it more, we'll
unpack it, the evidences for it, but about
a woman
determining she knows when her period ends
is also that gives her clarity.
Right? It's not like, I don't know. I'm
not sure. No. No. Whatever your normal,
you know, your normal cycle is, just stick
to that.
It's a great accent
that custom sets
sometimes the standard for things.
Can someone use one will do for all
prayers in a day? Absolutely.
And why do they say this,
those incredibly brilliant, wonderful scholars in the who
said that you can't use a one
for more than
one
salah because they say the verse in the
Quran says
it's talking
about but
didn't say that about so we understand
is the only one that you can use
for more than
once, but Tayamun, what they understand is either
when you want to stand to pray, you
have to make wudu.
But the prophet
in Mecca, in that one day, an Hajj,
one wudu, he used it for the whole
day. So wudu, they have an example. They
have a precedent to show one will do
for multiple prayers,
but they say we don't have that for
tayammon,
so we're gonna go back to the
that you have to make Tayamom
every time.
And again, there's a big difference about this.
We could talk about that. What worship should
she do on her period? We'll talk about
that next time, because there's actually a section
on it,
as well as physical relationships with husbands,
right,
that that's gonna come up.